RICHMOND, Va. — The Virginia General Assembly has sent legislation to Gov. Abigail Spanberger's desk that would ban the sale of assault firearms and high-capacity magazines, while allowing people who already own them to keep them.
Under the legislation, the state would ban the sale, manufacture, and importing of guns classified as assault weapons and magazines that hold more than 15 rounds after July 1, 2026. But those who own or bought those items before that date will be allowed to keep them.
"We are simply saying, if you had it, you can keep it, but going forward, you simply cannot purchase them," said state Sen. Saddam Salim (D-Fairfax), the bill's sponsor.
Salim said the bill allows for owners of those transfer the weapons if they no longer want them, such as selling them to a licensed firearms dealer or someone outside of Virginia who is legally allowed to possess one. It will also allow those firearms to be inherited by an immediate family member (which is described in the legislation as "a spouse, children, parents, grandparents, and siblings").
The bill also exempts certain groups from the restrictions including groups like law enforcement and security at federal facilities.
"The overall goal of this bill is to ensure that we have less weapons of war on the streets," Salim said. He added that the 2007 mass shooting at Virginia Tech happened when he was in high school and many more have happened since. "Instead of trying to do something, we just continue to say, we're going to think about you and we're going to pray for you. So we have not seen a lot of that being done."
"Focus on criminals in our community and not on weapons owned by law-abiding citizens," countered state Sen. Mark Obenshain (R-Rockingham).
He and other Republicans argued the law will do nothing to prevent mass shootings, because the criminals who commit them would ignore the law in the first place and that the focus should instead be on mental health.
"Focus on criminals in our community and not on weapons owned by law-abiding citizens," Obenshain said. "Really it's nothing more than moving around the deck chairs on a cruise ship. It is going to do nothing to affect violent behavior, like the murders that took place down in Shockoe Bottom a couple of weeks ago."
Obenshain also argues the bill's language captures firearms he would not consider weapons of war.
"They're weapons that have a characteristic, like a pistol grip that some shotguns have that are used in hunting, collapsible or folding stocks," Obenshain said.
The legislation said that the ban will apply to the firearms that meet the following descriptions:
"1. A semi-automatic center-fire rifle or pistol with a fixed magazine capacity in excess of 15 rounds;
"2. A semi-automatic center-fire rifle that has the ability to accept a detachable magazine, not including an attached tubular device designed to accept and capable of operating only with .22 caliber rimfire ammunition, and that has one or more of the following characteristics: (i) a folding, telescoping, or collapsible stock; (ii) a thumbhole stock or pistol grip that protrudes conspicuously beneath the action of the rifle; (iii) a second handgrip or a protruding grip that can be held by the non-trigger hand; (iv) a grenade launcher; or (v) a threaded barrel capable of accepting (a) a muzzle brake, (b) a muzzle compensator, (c) a sound suppressor, or (d) a flash suppressor;
"3. A semi-automatic center-fire pistol that has two or more of the following characteristics: (i) a second handgrip or a protruding grip that can be held by the non-trigger hand; (ii) the capacity to accept a magazine that attaches to the pistol outside of the pistol grip; (iii) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the pistol with the non-trigger hand without being burned; (iv) a threaded barrel capable of accepting (a) a sound suppressor, (b) a flash suppressor, (c) a barrel extender, or (d) a forward handgrip; or (v) a buffer tube, arm brace, or other part that protrudes horizontally behind the pistol grip and is designed or redesigned to allow or facilitate the firing of a firearm from the shoulder;
"4. A semi-automatic shotgun that expels single or multiple projectiles by action of an explosion of a combustible material that has one of the following characteristics: (i) a folding, telescoping, or collapsible stock; (ii) a thumbhole stock or pistol grip that protrudes conspicuously beneath the action of the shotgun; (iii) the ability to accept a detachable magazine; (iv) a fixed magazine capacity in excess of 15 rounds; or (v) any characteristic of like kind as enumerated in clauses (i) through (iv);
"5. A shotgun with a revolving cylinder;
"6. A firearm that has the capacity to accept a belt ammunition feeding device; or
"7. A firearm that has been modified to be operable as an assault firearm as described in subdivisions 1 through 6."
Republicans have also argued the ban violates the Second Amendment, pointing to a ruling in D.C. this month that found a similar magazine ban to be unconstitutional.
Salim says his bill is based on the 1994 federal ban, and that if legal challenges arise, he is confident in the state's defense of the law.
"I think we have an AG who's been great, who has said he's going to continue to fight for this alongside me. So I think we're in a good place when it comes to that," Salim said.
If the bill is signed by Spanberger and becomes law, anyone who violates it would be guilty of a Class 1 misdemeanor.
In response to the bill's passage out of the General Assembly, a spokesperson for Spanberger sent the following statement:
“As the mother of three daughters in Virginia public schools and a former federal law enforcement officer who carried a gun every day, Governor Spanberger knows how important it is to make sure kids and families are safe. The Governor is grateful for the efforts of legislators and advocates to address gun violence in Virginia communities, and she looks forward to reviewing all legislation that comes to her desk.”
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