Virginia gun owners received some unexpected news during the current special legislative session.
Although the session was called to address budget issues, Governor Abigail Spanberger has used the budget amendment process to propose numerous substantive policy changes including delaying the effective date of SB727/HB1524, the recently passed expansion of Virginia’s ban on carrying so-called “assault firearms” in public areas.
With the Governor’s amendment, the new version of Va. Code § 18.2-287.4 will not take effect on July 1, 2026. Instead, implementation will be delayed until July 1, 2027.
Why this matters
SB727/HB1524 would dramatically expand current law by replacing Virginia’s existing, locality-specific restriction on certain loaded firearms with a much broader statewide ban on carrying an “assault firearm,” as that term is defined elsewhere in Virginia law, on public streets, sidewalks, rights-of-way, parks, and other places open to the public. The new law also removes the current exemption for concealed handgun permit holders.
For now, however, assuming the budget amendment is adopted, the current version of Va. Code § 18.2-287.4 remains in effect, including the exemption for permit holders.
What the current law still says
The current version of Va. Code § 18.2-287.4 makes it unlawful to carry certain loaded firearms in public places, but only in specific localities and only when the firearm meets the criteria listed in the statute.
The current law applies to a loaded:
- Semi-automatic center-fire rifle or pistol equipped at the time of the offense with a magazine that will hold more than 20 rounds;
- Semi-automatic center-fire rifle or pistol designed by the manufacturer to accommodate a silencer;
- Semi-automatic center-fire rifle or pistol equipped with a folding stock; or
- Shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered.
The current law applies only in the following localities:
Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, Virginia Beach, Arlington County, Fairfax County, Henrico County, Loudoun County, and Prince William County.
Most importantly, the current statute contains an exemption for concealed handgun permit holders.
The current law provides that the prohibition does not apply to law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, any person having a valid concealed handgun permit, or any person actually engaged in lawful hunting or lawful recreational shooting activities at an established shooting range or shooting contest.
A violation is a Class 1 misdemeanor.
Why did the Governor ask for a delay?
The Governor justified the amendment by stating that the delay would “provide additional time to avoid creating a dangerous loophole in gun violence prevention laws.”
That statement is vague, and there are several possible explanations.
One possibility is that the administration has recognized drafting problems in SB727/HB1524. The bill relies on technical firearm terminology in the ‘assault firearm’ definition from another bill, including terms such as “fixed magazine,” in ways that may create unintended results because of how firearms actually function and the obvious lack of knowledge exhibited by the drafters of the legislation.
Another possibility is that the administration is reacting to the recent litigation over Virginia’s separate so-called “assault weapon” restrictions. The preliminary injunction entered in Lancaster County against enforcement of SB749/HB217 by the Virginia State Police has already created uncertainty about how these new gun-control measures will be enforced, and whether they can survive judicial review.
A third possibility is the recent United States Supreme Court decision in Wolford v. Lopez. In that case, the Court struck down Hawaii’s restriction on carrying firearms on private property open to the public unless the owner gave express permission. While Wolford dealt with private property open to the public, SB727/HB1524 targets carry in public areas and places open to the public. The overlap is not identical, but it is close enough that the Governor’s team may be concerned about how the new Virginia law would fare under the Supreme Court’s current Second Amendment framework.
It is also possible that the delay is simply political: push the effective date into 2027, buy time, and hope for a more favorable legal or political landscape before the law is tested.
Bottom Line
For the moment, gun owners should not assume that SB727/HB1524 has simply disappeared. It has not.
This is a delay, not a repeal.
The new expanded public carry ban will be pushed to July 1, 2027. Until then, the current version of Va. Code § 18.2-287.4 remains the operative law and includes the exemption for permit holders.
