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:
One thing that bears noting that might eliminate some concern is the mention of “fixed magazines.” 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 … 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 have one of the other characteristics noted above.
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.
