Status of Firearm Related Bills in the 2026 Legislative Session

Posted on January 9, 2026 by John Pierce

Virginia Under Siege

Several anti-civil rights bills are awaiting the Governor’s signature (or to go into effect is she fails to act on them in 30 days) and both gun owners and the firearms industry are facing an uncertain future in Virginia.

For a complete list of all bills impacting gun owners and the firearms industry and what their current status is, please see the Bill Tracker I maintain for the Virginia Citizens Defense League (VCDL) and sign up for the VA-ALERT email updates.

I have started to do detailed articles about the bills that are generating the most concern and the following shortcuts will take you to each of those detailed articles:

Posted in 2A, AR-15, Assault Firearms, Concealed Handgun Permit, FFL Issues, Magazine Capacity, Second Amendment, Suppressors, Virginia Concealed Handgun Permit, Virginia Law, Virginia Politics | Comments Off on Status of Firearm Related Bills in the 2026 Legislative Session

A comprehensive guide to moving individually-owned NFA items into your trust using eForms

Posted on April 2, 2026 by John Pierce

Due to the incredibly high volume of requests I have been receiving and the fact that the process is extremely time-intensive, I am not able to continue accepting requests to do the eForms transfer process at this time.

Because of that, I have prepared the following step-by-step guide that will explain the process and the documents needed, which should make it much easier for those doing it for the first time.

Before you get started, you need to gather the following:

  • Your eForms user-id, password, and PIN
    • If you do not have an eForms account, you will need to register one.
  • A copy of your current individual tax stamp
  • Your EFT electronic fingerprint file
  • A scanned copy of all 17 pages of your notarized trust, including the signed schedules, in a single PDF file

You will also need to complete the following documents and scan them into a PDF file:

  • The first 2 pages of a Form 23 for the transfer listing your trust as the applicant and you as the responsible person.
    • In the unlikely event that there are Current Trustees on your Schedule B then you will need to either ask me to remove them or have them also complete a Form 23.
    • IMPORTANT NOTE:  The ATF will NOT accept electronic signatures on the Form 23.  You must complete the form, print the first 2 pages, phsyically sign it, and then scan those 2 pages back into a single PDF file.
TECH TIP:  If at any point the eForms system tells you one of your scanned files is too large, use an online tool such as SmallPDF to compress the file.

Once you have your documents gathered, you should log into eForms.  Once there, look at your profile to determine if your account has your full middle name or just your middle initial.  This matters more than you would think since a mismatch between your profile and what you enter on the Responsible Person screen during the process will cause you to not be able to enter the responsible person successfully.

Once you have confirmed how your name is entered in your profile, return to the Home screen and click on ATF Form 4 to start the transfer process:

The next screen will ask who the transferor is (the person the item is being transferred from).  If you are transferring an individually-owned item into the trust then you will select ‘Individual’ on this screen.  Then click the ‘Next‘ button.

The next screen is informational only and, after reading it, you can click the ‘Next‘ button.

The next screen will contain the transferor information.  In the case of an individually-owned item, this will be your information.  Most of it should be filled in from your profile but complete any missing information.  Then click the ‘Next‘ button.

The following screen allows you to enter an alternate address.  This is rarely used, and for most applicants you will simply click the ‘Next‘ button.

The next screen is where you enter the Transferee information (who the item is being transferred to) and in this case, it will be your trust.  You will click ‘Trust‘ at the top of the screen and then enter the name of the trust, your address, and your email below.  Then click the ‘Next‘ button.

The next screen is the Responsible Person page.  You will need to add your information here and that of any person on your Schedule B at the time of the submission of the application.  If you want to remove those persons prior to starting your application, please reach out to me and we will update your schedule B.

Clicking ‘Add Responsible Person‘ will pop up a new screen with the needed details for that person.

This is where you will upload your completed Form 23 as well as your passport-style photo and electronic fingerprints (.eft) file.

Once you Save and Close the Responsible Person screen, the next screen is the Chief Law Enforcement Officer (CLEO) screen.  Here you will add the information for your CLEO (as listed on your Form 23) and then click the ‘Next‘ button.

On the next screen you will be entering the firearm that you are transferring.  However, you will do so by matching the Control Number from the existing tax stamp:

Depending on whether or not you can read the control number on the existing stamp (in the header for most versions of the tax stamp dopcuments), there are 3 ways to look up the control number.  Once you have the control number, you click the button the says ‘Add Firearm from Control Number‘.

On the resulting popup, you will enter the control number then click ‘Find Form‘.  This will validate the number is a valid control number and then prompt you to enter the serial # to make sure they match.  If so, it will load the item information for you.

Once the item has been added, you will click the ‘Next‘ button.  This will take you to the page where you will upload a scanned PDF of all 17 pages of your notarized trust (assuming it is one of mine) including the signed and dated schedules.  Under document type, you will select the option for Corporation/Trust, etc. and in the description put ‘Notarized Trust’.  The click the ‘Add Document‘ button.  Once it is successfully uploaded, click the ‘Next‘ button.

This will take you to a screen that will summarize everything you have entered.  Confirm that all of the information is correct and then click the ‘Next‘ button.

This brings you to the last screen in the chain where you will check the boxes certifying the information under penalty of perjury.  After you have done so, you click the ‘Sign and Submit‘ button.  You do not need to pay for suppressors or SBRs.  If you are doing a machinegun then you will need to click the ‘Pay‘ button and make payment prior to doing the Sign and Submit step.

 

On the following popups you will enter your PIN (since you are the transferor) and then enter your Username and PIN again (since you are also the transferee).

Once you have successfully entered this information, you will be notified that your form has been submitted.

Now that your eForm 4 has been submitted, you are not quite done with the process. You still need to do the following for each of the submitted items:

1) Be on the lookout for an email from the eForms system containing a copy of the submitted Form 4. DO NOT ATTEMPT TO READ THIS EMAIL ON A MOBILE DEVICE BECAUSE THE ATTACHMENTS OFTEN DO NOT APPEAR UNLESS VIEWED ON A COMPUTER.

NOTE: If you do not receive this email within a few hours, look in spam and if you still do not see it, you can log back into eForms and download a copy from the submitted forms.

2) Once this email arrives, print out the attached Form 4.

3) Mail a copy of the Form 23 you uploaded and a copy of the downloaded Form 4 (any copy will do) to the CLEO listed on your Form 23. I suggest using USPS Priority Mail so that you have proof of delivery.

Posted in ATF, BATFE, eForms, FAQ, Fingerprinting, Form 4, NFA Transfers, NFA Trusts, Responsible Persons, SBR, SBS, Short Barreled Rifles, Short Barreled Shotguns | Comments Off on A comprehensive guide to moving individually-owned NFA items into your trust using eForms

How Does Virginia’s Proposed ‘Assault Weapons Ban’ Affect Stripped Lowers

Posted on March 18, 2026 by John Pierce

One of the most common questions I have been fielding over the last few days is how stripped lowers will be impacted by SB749, the ban on modern sporting rifles (or so-called ‘Assault Weapons‘ using the made-up term from the bill).

I have heard a number of people say that they are buying a large number of stripped lowers before the effective date of the bill (July 1, 2026) so that the resulting firearms will benefit from the grandfathering clause.

However, only firearms that are assault firearms as of this date will be grandfathered and manufacturing new assault firearms will be prohibited as will modifying existing firearms to have the characteristics of an assault firearm.

Therefore, the question is whether a stripped lower is, in and of itself, an assault firearm under the law.  For a detailed analysis of whether a given firearm is considered an ‘assault weapon’ under SB749, I have prepared a detailed flowchart.

Without further characteristics added to the stripped lower, I believe that a stripped lower is not an assault firearm under the definition provided in the bill since it is an ‘other’ rather than a rifle or a pistol until manufactured or modified into a completed configuration.

And I use the term ‘modified’ here because under the bill, a firearm becomes an assault firearm if it “has been modified to be operable as an assault firearm as described” and thereby prohibited if done after July 1, 2026.

Having said all of that, in order to benefit from grandfathering, I am advising clients to configure their stripped lowers into a configuration that is an assault firearm under the definition and document it as such prior to July 1, 2026.

And when doing so, one should remember the ATF rule regarding the limitations on changing the designation of a firearm made from a stripped lower.  That rule is “Once a rifle, always a rifle, unless it started life as a pistol.”

As I mentioned in my other article, documentation of pre-ban ownership will become much more important when this goes into effect.  I can help with this.

You should consider acquiring any NFA items such as SBRs that will be impacted now as well as moving your non-NFA items into a trust to accomplish this. My trusts are a flat fee of $100 and come with lifetime free changes and updates.

Posted in 2A, AR-15, Assault Firearms, Bruen Decision, Criminal Law, FFL Issues, Gifting Firearms, Inheriting Firearms, Interstate Firearm Transfers, Magazine Capacity, Manufacturing, NFA Trusts, Private Sales, Purchasing Firearms, Second Amendment, State Constitutional Provisions, Virginia Law, Virginia Politics | Comments Off on How Does Virginia’s Proposed ‘Assault Weapons Ban’ Affect Stripped Lowers

Unpacking SB727 – the proposed ban on public carry of ‘assault firearms’

Posted on March 18, 2026 by John Pierce

Another of the bills that is causing confusion among law-abiding gun owners is SB727 which transforms the current limited and focused ban on the carry of certain firearms in specific high-population areas into an almost unrecognizable quagmire that applies statewide.

The current version of the law (§ 18.2-287.4) only applies to specific high-population cities and counties and only applies to loaded firearms that are equipped at the time of the offense with a magazine that can hold more than 20 rounds of ammunition, or firearms that have a threaded barrel or folding stock.

In addition, the current version exempts those that have a valid concealed handgun permit and those licensed as armed security.

The first change to note about this bill, which will go into effect on July 1, 2026 if signed by the Governor or allowed to pass without her signature, is that it strips the exemption for CHP holders as well as for off-duty and retired law enforcement officers.

The second important change is that there is no longer any requirement that the firearm be loaded for prosecution under the statute.

The next change to note is that it now applies to a huge number of firearms based on common features.  I produced the following infographic to illustrate the categories:

The Definition of “Fixed Magazine”

The definition of “fixed magazines” is causing a lot of confusion.  I believe this is due to the fact that the bills introduced this session have as their inspiration the laws in New York and California.

The California version of this so-called ‘assault weapons’ bill actually at least does the courtesy of defining the term.

Under Cal. Penal Code § 30515(b), a fixed magazine is defined as “an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action.”

So what pistols meet this definition?  Only one I am familiar with and that is the Steyr M1912 pictured below.

So unless you have one of those as your daily carry gun, the fixed magazine portion of this doesn’t impact concealed carry.  The carry of handguns used for concealed carry with a standard detachable magazine holding more than 10 rounds are not banned under this bill unless they also have one of the other characteristics noted above.

The Definition of “Magazine Attachments Outside the Pistol Grip”

I heard from a client who thought that this meant his magazine could not extend beyond the end of the magazine well.  That is not what this means.

They are referencing those pistols where the magazine does not enter through the pistol grip such as AR pistols or perhaps a Mauser C96 “Broomhandle” such as pictured below.

Exemptions That are Incorporated

Finally, the new version incorporates all but one of the exemptions in §18.2-308 (the one not included is the one pertaining to any law-enforcement officer, or retired law-enforcement officer travelling in the Commonwealth).

Those exemptions are:

B. This section shall not apply to any person while in his own place of abode or the curtilage thereof.

C. Except as provided in subsection A of § 18.2-308.012, this section shall not apply to:

1. Any person while in his own place of business;

3. Any person who is at, or going to or from, an established shooting range, provided that the weapons are unloaded and securely wrapped while being transported;

4. Any regularly enrolled member of a weapons collecting organization who is at, or going to or from, a bona fide weapons exhibition, provided that the weapons are unloaded and securely wrapped while being transported;

5. Any person carrying such weapons between his place of abode and a place of purchase or repair, provided the weapons are unloaded and securely wrapped while being transported;

6. Any person actually engaged in lawful hunting, as authorized by the Board of Wildlife Resources, under inclement weather conditions necessitating temporary protection of his firearm from those conditions, provided that possession of a handgun while engaged in lawful hunting shall not be construed as hunting with a handgun if the person hunting is carrying a valid concealed handgun permit;

7. Any attorney for the Commonwealth or assistant attorney for the Commonwealth, wherever such attorney may travel in the Commonwealth;

8. Any person who may lawfully possess a firearm and is carrying a handgun while in a personal, private motor vehicle or vessel and such handgun is secured in a container or compartment in the vehicle or vessel;

9. Any enrolled participant of a firearms training course who is at, or going to or from, a training location, provided that the weapons are unloaded and securely wrapped while being transported; and

10. Any judge or justice of the Commonwealth, wherever such judge or justice may travel in the Commonwealth.

D. This section shall also not apply to any of the following individuals while in the discharge of their official duties, or while in transit to or from such duties:

1. Carriers of the United States mail;

2. Officers or guards of any state correctional institution;

3. Conservators of the peace, except that a judge or justice of the Commonwealth, an attorney for the Commonwealth, or an assistant attorney for the Commonwealth may carry a concealed handgun pursuant to subdivisions C 7 and 10. However, the following conservators of the peace shall not be permitted to carry a concealed handgun without obtaining a permit as provided in this article: (i) notaries public; (ii) registrars; (iii) drivers, operators, or other persons in charge of any motor vehicle carrier of passengers for hire; or (iv) commissioners in chancery; and

4. Noncustodial employees of the Department of Corrections designated to carry weapons by the Director of the Department of Corrections pursuant to § 53.1-29.

Posted in 2A, Assault Firearms, CHP, Concealed Handgun Permit, Criminal Law, Magazine Capacity, Virginia Concealed Handgun Permit, Virginia Law, Virginia Politics | Comments Off on Unpacking SB727 – the proposed ban on public carry of ‘assault firearms’

Do NOT purchase your NFA items individually with the intent to transfer them into your trust later!

Posted on March 17, 2026 by John Pierce

Since the beginning of the year, I have been inundated with clients asking me to assist them with the process of moving individually-owned items into their trusts.  The good news is that, with the updates the ATF made in January, this can now be done in eForms for the majority of cases.

However, that doesn’t make it any less of a bureaucratic and frustrating process.  Exacerbating the issue, some retailers are mistakenly recommending individual filings for NFA items due to mythical faster processing times even when the buyer already has a trust. This is NOT the case with the trusts the ATF considers ‘standardized’ such as mine and doing so only adds time and cost for you with no benefits.

I cannot stress enough how much I encourage you to not take this approach no matter how much a retailer might encourage it!

​Acquiring an item individually and subsequently transferring it into a trust is not a simple process. It requires re-doing the entire eForms 4 process and can delay your long-term protection, sharing, and compliance goals by weeks, or even longer. In addition, if you are not familiar with eForms and have the necessary digital files at hand then it quickly becomes time-consuming and frustrating.

It also can cost you money as well as time.  My office charges a $100 processing fee per item to facilitate these after-the-fact transfers to account for the significant investment in time it takes to help you gather the necessary documents and file them.

Some industry providers, such as Silencer Shop, have even recently discontinued this specific transfer service due to high demand. While I am still doing said transfers for my clients, lead-times are increasing due to the sheer number of requests and I cannot guarantee how quickly I will be able to process them.

For all these reasons, please, please, file under your trust from the outset to ensure seamless protection and avoid unnecessary administrative costs and delays.

Posted in BATFE, Form 4, NFA Transfers, NFA Trusts, Purchasing Firearms | Comments Off on Do NOT purchase your NFA items individually with the intent to transfer them into your trust later!

HB21 will have a chilling effect on the firearms industry

Posted on March 8, 2026 by John Pierce

HB21 purports to impose ‘Standards of Responsible Conduct’ upon the firearms industry in Virginia.  But a detailed read of the proposed bill shows that its ultimate impact will be to discourage new businesses from opening in Virginia, encourage existing industry members to flee the state, and to avoid serving those segments of the population deemed ‘high-risk’.

In short, this bill will have a chilling effect on an industry that serves to facilitate a fundamental right, the right to possess firearms for defense of self and home.  It will even further impact the ability of those that live in poverty or high-crime areas since industry members are held to a nebulous standard of determining whether a given buyer is a ‘high-risk’ purchaser.

And all of these requirements are hazy at best, imposing potential criminal and civil liability that could bankrupt any industry member on a given day.  It isn’t difficult to surmise that the real goal of the bill is not to serve the public but to have a chilling effect on the underlying 2nd Amendment rights of the customers served by the industry.

See the infographic below for a broad picture of what industry members will be facing if this bill is passed into law.

Posted in 2A, Civil Liability, Criminal Law, Firearms Industry, Virginia Law, Virginia Politics | Comments Off on HB21 will have a chilling effect on the firearms industry