We now have what may be the final language for SB749, the ban on modern sporting rifles (or so-called ‘Assault Weapons‘ using the made-up term from the bill).
If enacted in its current form, after July 1, 2026 it will impact the ability of law-abiding Virginians to acquire the most commonly owned firearms in America in direct violation of the 2nd Amendment as laid out in Bruen.
Without a specific exemption for NFA items, it also impacts the ability of Virginians to acquire certain NFA items such as certain machineguns and Short-Barreled Rifles and Shotguns.
Which specific firearms are impacted?
As for what will and will not be allowed regarding the impacted firearms, I have an infographic below that lays out the broad strokes.
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.
I will keep this post updated if there are changes or when the bill is signed.
In the meantime, it appears that 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.
