ATF has posted an important notice for Virginia applicants, transferees, and transferors on the eForms main page in response to the upcoming July 1, 2026 implementation of Virginia’s new “assault firearm” law under SB 749/HB 217, and the continuing uncertainty surrounding how the law will be applied.
The short version is this:
For Form 1 applications, ATF states that it will process Forms 1 to make NFA rifles, shotguns, and Any Other Weapons through June 30. However, ATF also states that any new “assault weapon,” as defined by Virginia law, must actually be made before July 1.
That means that simply having a Form 1 pending, or even approved before July 1, may not be enough if the actual making of the firearm does not occur before July 1.
For Form 4 applications, ATF states that it will process Forms 4 to transfer machineguns, rifles, shotguns, and Any Other Weapons through June 30. However, ATF also states that any “assault weapon,” as defined by Virginia law, must be physically transferred before July 1.
That means that a Form 4 approval by itself will not be enough if the firearm has not been physically transferred to the transferee before July 1.
What happens after July 1?
After June 30, ATF states that it will process Form 1 applications only where the “assault weapon” was lawfully possessed before July 1 and the new making will still comply with Virginia law. ATF also states that it will process Form 4 applications after June 30 only to persons or entities in compliance with Virginia law.
This is significant because it does provide an avenue for those who want to make their grandfathered items into SBRs. However, there is still great uncertainty about whether the ‘assault firearm’ being turned into an SBR has to be a rifle as of July 1, 2026 or if it could be a pistol or lower. As previously discussed, lowers do not appear to meet the grandfathering definition under the law. Without further guidance, we can only make educated guesses at this point.
What should pending applicants expect?
If you have a pending Form 1 involving a firearm that may qualify as an “assault firearm” under Virginia law, you should not assume that approval alone solves the issue. You should be prepared for ATF to look at whether the firearm was lawfully possessed before July 1 and whether the proposed making would still be lawful under Virginia law.
If you have a pending Form 4 involving a firearm that may qualify as an “assault firearm” under Virginia law, you should speak with your dealer immediately. ATF’s notice specifically says that the firearm must be physically transferred before July 1. A pending approval, or even an approval that arrives too late to complete the transfer, may create serious complications.
If your application involves an NFA firearm that does not meet Virginia’s definition of an “assault firearm,” then this notice may not affect you in the same way. But the definitions in the new law are technical, and assumptions can be dangerous.
There is also ongoing litigation and political uncertainty surrounding the implementation of this law. That may change the landscape. But as of now, anyone with an in-process Form 1 or Form 4 should proceed based on ATF’s current public guidance, not on what we hope the final interpretation will be.
Practical steps:
- Review whether the firearm involved may meet Virginia’s definition of an “assault firearm.”
- If you have a pending Form 4, contact your dealer or transferor immediately.
- If you have a pending Form 1, do not assume that approval alone is enough. The timing of the actual making may matter.
- Keep screenshots or copies of any relevant ATF guidance, approvals, submissions, and communications.
- Do not rely on internet rumors, Reddit timelines, or general NFA processing averages in deciding what is lawful for your specific firearm.
This is a fast-moving area, and ATF’s current position may change as Virginia’s law is challenged, delayed, interpreted, or implemented. But for Virginia applicants right now, the safest assumption is that July 1 matters, physical possession and actual transfer matter, and ATF is not presently giving a broad green light just because an injunction has been granted against Virginia State Police enforcement of the law.
Anyone with a pending application should get individualized legal advice before taking action.
