An ATF Update for Virginia NFA Applicants with Pending Form 1 or Form 4 Applications

Posted on June 29, 2026 by John Pierce

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:

  1. Review whether the firearm involved may meet Virginia’s definition of an “assault firearm.”
  2. If you have a pending Form 4, contact your dealer or transferor immediately.
  3. If you have a pending Form 1, do not assume that approval alone is enough. The timing of the actual making may matter.
  4. Keep screenshots or copies of any relevant ATF guidance, approvals, submissions, and communications.
  5. 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.

Posted in Assault Firearms, ATF, BATFE, eForms, Virginia Courts, Virginia Law, Virginia Politics, Virginia State Police | Comments Off on An ATF Update for Virginia NFA Applicants with Pending Form 1 or Form 4 Applications

Governor Moves to Delay Virginia’s New “Assault Firearm” Public Carry Ban Until 2027

Posted on June 29, 2026 by John Pierce

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:

  1. Semi-automatic center-fire rifle or pistol equipped at the time of the offense with a magazine that will hold more than 20 rounds;
  2. Semi-automatic center-fire rifle or pistol designed by the manufacturer to accommodate a silencer;
  3. Semi-automatic center-fire rifle or pistol equipped with a folding stock; or
  4. 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.

Posted in Assault Firearms, Open Carry, Virginia Concealed Handgun Permit, Virginia Courts, Virginia Law, Virginia Politics | Comments Off on Governor Moves to Delay Virginia’s New “Assault Firearm” Public Carry Ban Until 2027

Lancaster County Judge Enjoins VSP Enforcement of SB 749, But Many Questions Remain

Posted on June 25, 2026 by John Pierce

Today brought major news in the ongoing litigation over Virginia’s new “assault firearm” and “large capacity magazine” law, SB 749.

At a hearing in Lancaster County Circuit Court, in the case brought by VCDL and GOA, the judge reportedly granted a preliminary injunction preventing the Virginia State Police from enforcing SB 749. That law was scheduled to take effect on July 1, 2026, and would impose new restrictions on the purchase, sale, transfer, manufacture, and importation of certain firearms defined as “assault firearms,” as well as certain magazines capable of holding more than 15 rounds.

According to reports from those familiar with today’s hearing, counsel for the Commonwealth requested an immediate stay of the injunction pending appeal. The judge reportedly denied that request.

If those reports are accurate, this is a significant development. But it is not the end of the matter. In fact, for many Virginia gun owners, FFLs, NFA applicants, and firearms-industry members, today’s ruling creates a new set of urgent questions that will need to be answered in the coming days.

What the Injunction Appears to Do

Based on the reports currently available, the preliminary injunction prevents the Virginia State Police from enforcing SB 749 until December 31, 2026, or until a final order is entered, whichever occurs first.

That matters because Virginia firearm transactions generally depend upon a Virginia State Police background check approval. If the injunction prevents the State Police from denying transactions based on SB 749, then at least for now, the State Police should not be using SB 749 as the basis for denying a background check for a firearm or magazine covered by the new law.

That is the good news.

But the exact language of the written order will matter tremendously. Until the written order is available and carefully reviewed, no one should assume more than we actually know.

What the Injunction May Not Do

The most important limitation appears to be this: the injunction is against the Virginia State Police.

That means it may not directly bind local law enforcement, local Commonwealth’s Attorneys, or other officials who are not parties to the order.

That distinction matters. SB 749 is not merely a background-check statute. It creates criminal penalties for conduct involving covered firearms and magazines. If the injunction only prevents the State Police from denying background checks, it does not necessarily answer whether a local Commonwealth’s Attorney could later attempt to prosecute a sale, transfer, purchase, importation, or manufacture that occurred after July 1, 2026.

That does not mean such a prosecution would be valid. It does not mean it would succeed. It does not mean such a prosecution would be likely in every locality. But it does mean that the injunction may not be the complete statewide shield that many people are hoping it is.

FFLs Should Be Especially Careful

FFLs are likely to face some of the hardest practical questions.

If the Virginia State Police cannot deny a background check based on SB 749, can an FFL lawfully complete the transfer after July 1?

Maybe. But that is not the only question.

An FFL also has to consider whether the sale, transfer, importation, or manufacture might still be alleged to violate SB 749 by someone other than the Virginia State Police. The injunction may solve the VSP background-check problem without fully resolving the broader criminal-enforcement problem.

There is also a separate issue: HB21/SB27, Virginia’s new firearm-industry civil-liability law, is not part of this injunction.

That law creates new standards of responsible conduct for members of the firearms industry and allows civil enforcement in certain circumstances. Because HB21/SB27 was not enjoined by today’s reported ruling, FFLs and other industry members will need to consider whether sales during the injunction period could create separate civil-liability concerns, even if the State Police background check is approved.

In short, FFLs should not treat today’s news as a simple green light without further legal analysis.

The Grandfathering Problem

One of the most important unanswered questions involves the wording of SB 749’s grandfathering provisions.

The statute does not simply say that firearms or magazines possessed before the law “takes effect” are grandfathered. Instead, it repeatedly uses the date “July 1, 2026.”

That creates a serious question: what happens to items purchased after July 1, 2026, while the injunction is in place, if the injunction is later dissolved and the law is ultimately allowed to go into effect?

For example, suppose someone lawfully buys a covered firearm on July 15, 2026, while the State Police are under an injunction and therefore do not deny the transaction based on SB 749. If the injunction is later lifted and SB 749 is enforced as written, does that firearm qualify for the same grandfather protections as one purchased and possessed before July 1, 2026?

The answer is not immediately clear.

Because the statute uses a fixed date, rather than tying grandfathering to the eventual effective date of enforcement, there is a real concern that items acquired during the injunction period may not fall within the statutory grandfather language if the Commonwealth ultimately prevails.

That issue may be addressed by the courts. It may be addressed by later legislative action. It may be addressed in guidance from state officials. But as of today, gun owners should understand that the injunction may allow a transaction to proceed without answering whether the item will be grandfathered later.

NFA Items Present Another Layer of Uncertainty

The same problem may apply to NFA items.

The injunction could theoretically allow certain Form 1 or Form 4 items to proceed where SB 749 would otherwise have created a Virginia-law barrier. But NFA transfers and making applications add more layers: federal processing time, ATF review, state-law certification issues, and the timing of possession.

If an NFA item is approved after July 1, 2026, during the injunction period, but SB 749 is later allowed to go into effect, will that item be treated as grandfathered?

Again, the statutory language raises concern because it focuses on whether the item was lawfully purchased and possessed before July 1, 2026.

That may create a particularly difficult problem for short-barreled rifles, machineguns, and other items that require federal approval before lawful possession can occur. A person may have submitted paperwork before July 1, but not actually received approval or possession until after July 1. Whether that is enough will likely depend on the exact statutory language, the type of item, the transaction history, and future court rulings or agency guidance.

There is also a practical question: will ATF process and approve Form 1s and Form 4s involving items affected by SB 749 while the injunction is in place?

The answer may depend on whether ATF recognizes the injunction as sufficient to remove the state-law barrier during the injunction period. At this point, we do not have enough information to know how ATF will handle those applications.

The Commonwealth Will Almost Certainly Appeal

This ruling is very unlikely to be the last word.

The Commonwealth is expected to appeal quickly. It may seek emergency relief from a higher court. A higher court could stay the injunction, modify it, expand it, narrow it, or leave it in place. The procedural posture may also be affected by other pending challenges to SB 749 including attempts at consolidation of the various cases.

That means the legal landscape may change rapidly.

Anyone making decisions based on today’s ruling needs to understand that the ground is still moving. This is not a finished bridge. It is scaffolding in a windstorm.

What We Are Watching For

In the coming days, we will be watching for several things:

  • The exact written language of the Lancaster County injunction.
  • Whether a higher court stays, modifies, or dissolves the injunction.
  • Whether the Virginia State Police issues guidance to FFLs.
  • Whether local Commonwealth’s Attorneys or local law enforcement agencies announce how they will treat SB 749 during the injunction period.
  • Whether ATF provides any indication of how it will handle Form 1 and Form 4 applications involving items affected by SB 749.
  • Whether the General Assembly or Governor takes any further action before or after July 1.
  • How HB21/SB27, the firearm-industry liability law, may affect FFLs and other industry members even if SB 749 enforcement by the State Police is temporarily blocked.

Bottom Line

Today’s reported ruling is unquestionably important and VCDL and GOA, and their attorneys, deserve our support and praise for the hard work that made this victory possible.  It is a major development!

But it does not answer every question.

It may not bind every potential enforcing authority. It may not protect every FFL from every risk. It may not guarantee grandfathering for items acquired after July 1, 2026. It may not control how ATF handles pending or future NFA applications. And it may be altered quickly on appeal.

For now, the safest answer is also the most honest one: we have a major development, but not yet a complete roadmap.

We will continue monitoring the case, the written order, any appeal, any agency guidance, and the practical effect on Virginia gun owners and FFLs. As soon as reliable answers are available, we will provide further updates.

Posted in Assault Firearms, Magazine Capacity, NFA Trusts, Virginia Courts, Virginia Law, Virginia Politics, Virginia State Police | Comments Off on Lancaster County Judge Enjoins VSP Enforcement of SB 749, But Many Questions Remain

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.”

In looking at the proposed law, it is my initial opinion that stripped lowers built into rifles prior to  July 1, 2026 may possibly be able to be changed into SBRs via a Form 1 since they are grandfathered rifles and you are not making a new rifle but merely changing the federal classification of the rifle.

However, following that same logic, pistols that are grandfathered as of July 1, 2026, will not enjoy the same ability, because submitting a Form 1 to change a pistol to a rifle will require the manufacture of a new rifle, which is prohibited under the proposed law.

I’d like to further add that the last two paragraphs are entirely based upon my personal interpretation of the law, and we will not know whether I am correct until the ATF and the Virginia State Police look at these issues after July 1st.

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