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Virginia SB 749 (2026) — Is My Firearm an "Assault Firearm"?

House Substitute 26109153D · Proposed March 4, 2026 · Patron: Senator Salim · Definition per § 18.2-308.2:2
⚑ KEY DATE: July 1, 2026 — Persons who lawfully purchased & possessed BEFORE this date have grandfathered rights
Key
= Assault Firearm (prohibited acts apply)
= NOT an Assault Firearm
= Decision point / question
= Feature check
All definitions from § 18.2-308.2:2 of the bill text
STEP 1 — What type of action does your firearm use?
⬅ Stop here if: Your firearm is manually operated by bolt, pump, lever, or slide action — it is explicitly excluded from the definition of "assault firearm" regardless of other features. Also excluded: antique firearms as defined in the bill, and any firearm rendered permanently inoperable.
🎯
RIFLE
↓
PATH A — Semi-auto centerfire rifle
Is it equipped at time of offense with ANY of:
  • Magazine holding >20 rounds
  • Designed to accommodate a silencer
  • Folding stock AND fixed magazine >15 rounds
YES ↓
NO ↓
ASSAULT FIREARM
§ 18.2-308.2:2 (1)
Check Path B →
↓
PATH B — Semi-auto centerfire rifle
Accepts detachable magazine (not .22 rimfire tubular)?
If yes, does it have 1 or more of:
  • Folding, telescoping, or collapsible stock
  • Thumbhole stock or pistol grip protruding beneath action
  • Second handgrip / protruding grip (non-trigger hand)
  • Grenade launcher
  • Threaded barrel accepting: muzzle brake, compensator, suppressor, or flash suppressor
YES ↓
NO ↓
ASSAULT FIREARM
§ 18.2-308.2:2 (2)
NOT an Assault Firearm
No further restrictions under this bill
🔫
PISTOL / HANDGUN
↓
PATH A — Semi-auto centerfire pistol
Equipped at time of offense with ANY of:
  • Magazine holding >20 rounds
  • Designed to accommodate a silencer
  • Folding stock with fixed magazine >15 rounds
YES ↓
NO ↓
ASSAULT FIREARM
§ 18.2-308.2:2 (1)
Check Path B →
↓
PATH B — Semi-auto centerfire pistol
Does it have 2 or more of:
  • Second handgrip / protruding grip (non-trigger hand)
  • Magazine attaches outside the pistol grip
  • Barrel shroud (permits holding barrel with non-trigger hand without burning)
  • Threaded barrel accepting: suppressor, flash suppressor, barrel extender, or forward handgrip
  • Buffer tube, arm brace, or part protruding horizontally behind grip allowing shoulder firing
2+ features ↓
0–1 features ↓
ASSAULT FIREARM
§ 18.2-308.2:2 (3)
NOT an Assault Firearm
No further restrictions under this bill
🎯
SHOTGUN
↓
PATH A — Does it have a revolving cylinder?
YES ↓
NO ↓
ASSAULT FIREARM
§ 18.2-308.2:2 (5)
Check Path B →
↓
PATH B — Is it semi-automatic?
If yes, does it have 1 or more of:
  • Folding, telescoping, or collapsible stock
  • Thumbhole stock or pistol grip protruding beneath action
  • Ability to accept a detachable magazine
  • Fixed magazine capacity >15 rounds
  • Any characteristic of like kind to those listed
YES ↓
NO ↓
ASSAULT FIREARM
§ 18.2-308.2:2 (4)
NOT an Assault Firearm
No further restrictions under this bill
⚙
OTHER / MODIFIED
↓
PATH A — Belt-Fed
Does the firearm have the capacity to accept a belt ammunition feeding device?
YES ↓
NO ↓
ASSAULT FIREARM
§ 18.2-308.2:2 (6)
Check Path B →
↓
PATH B — Modified Firearm
Has the firearm been modified to be operable as an assault firearm described in categories 1–6 of the definition?
YES ↓
NO ↓
ASSAULT FIREARM
§ 18.2-308.2:2 (7)
Check Path C →
↓
PATH C — Large Capacity Magazine
Regardless of firearm type — does any magazine, belt, drum, feed strip, or device accept or be readily convertible to >15 rounds? (Separate offense under § 18.2-309.1)
YES ↓
NO ↓
MAGAZINE OFFENSE
§ 18.2-309.1 — Class 1 Misd. to import/sell/transfer/purchase
No magazine issue
.22 rimfire tubular devices also excluded
If Classified as an Assault Firearm — Consequences & Exemptions
⚠ Prohibited Acts & Penalties
CLASS 1 MISD.
Import, sell, manufacture, purchase, or transfer an assault firearm § 18.2-287.4:1
CLASS 1 MISD.
Possess or transport any firearm within 3 years of a conviction under § 18.2-287.4:1 § 18.2-308.1:9
CLASS 1 MISD.
Sell or purchase an assault firearm in a private sale § 18.2-308.2:5(E)
CLASS 1 MISD.
Person under 18 knowingly possessing or transporting an assault firearm § 18.2-308.7
CLASS 1 MISD.
Furnishing a firearm to a person prohibited under § 18.2-308.1:9 § 18.2-308.2:1
FORFEITURE
Firearm/magazine forfeited to Commonwealth if possessed in violation § 19.2-386.28
3-YR BAN
Following any conviction under § 18.2-287.4:1 — all firearm purchase, possession, transport prohibited for 3 years. Rights auto-restored at end of period unless further disqualified. § 18.2-308.1:9(B)
✓ Who Is Exempt from the Assault Firearm Prohibitions? § 18.2-287.4:1(C)
Govt. officers, agents, law-enforcement, Armed Forces members — when authorized and acting within scope of duties
Security personnel at contracted defense facilities (§ 18.2-121.3) or persons authorized by U.S. Nuclear Regulatory Commission
Armed Forces member or spouse who possessed prior to arriving in VA under lawful orders
Cadet corps members of public higher-education institutions — during lawful military training or official ceremonial events
Federal Firearms Licensees (FFLs) — import/sale/manufacture/transfer between FFLs, to law enforcement, to Armed Forces, or to senior military colleges under 10 U.S.C. § 2111a(f)
Grandfathered (pre-July 1, 2026): Sale to a firearms dealer or to an out-of-state person who may lawfully possess it
Grandfathered: Temporary transfer to FFL/gunsmith and return to owner
Grandfathered: Gift transfer to immediate family member (spouse, children, parents, grandparents, siblings) — recipient must not be otherwise prohibited
Grandfathered: Import by person who lawfully possessed prior to July 1, 2026
Temporary loan by FFL-operated firing range for target shooting or firearms training on premises only
Inheritance — receipt and possession of an inherited assault firearm (decedent must have lawfully possessed; heir must not be otherwise prohibited)
Voluntary Buy-Back Programs (§ 15.2-915.5 amended): Localities may operate voluntary gun buy-back or give-back programs specifically for assault firearms without requiring a separate ordinance. Surrendered firearms must be destroyed unless the surrendering person requests in writing that the firearm be offered for public auction or sealed-bid sale to a licensed dealer.