As the Virginia General Assembly prepares for its 2026 session beginning January 14th, gun rights and gun control advocates are gearing up for what promises to be a contentious debate over firearms regulations. Following the 2025 elections, Democrats secured a governing trifecta: control of the House of Delegates (with a strengthened majority), a narrow 21-19 edge in the Senate, and the governorship with Abigail Spanberger set to take office. This shift ends four years of Republican Governor Glenn Youngkin vetoing dozens of gun-related bills, creating space for measures that had previously stalled.
Gun control groups like Everytown for Gun Safety and Moms Demand Action, which heavily back Democratic candidates, view this as an opportunity to advance “common-sense” reforms. Meanwhile, organizations such as the Virginia Citizens Defense League (VCDL), National Rifle Association Institute for Legislative Action (NRA-ILA), and Gun Owners of America (GOA) warn of an aggressive assault on Second Amendment rights, urging gun owners to mobilize for Lobby Day on January 19, 2026. Prefiled bills and statements from lawmakers indicate several key proposals are on the horizon, many of which echo vetoed legislation from prior sessions.
Assault Weapons and Standard Capacity Magazines Bans
One of the most anticipated and controversial proposals is a ban on the sale, manufacture, import, purchase, and transfer of certain semi-automatic firearms classified as “assault weapons,” along with restrictions on “large capacity” magazines. Delegate Dan Helmer has reintroduced such a bill (HB 217), targeting modern sporting rifles like AR-15s and magazines holding more than 10-20 rounds (exact thresholds vary in drafts). Similar measures have passed the legislature multiple times in recent years, only to be vetoed by Youngkin.
Proponents argue these firearms are disproportionately used in mass shootings and that bans could reduce casualties, citing controversial studies estimating a 70% drop in mass shooting deaths under a renewed federal assault weapons ban. This stat is at odds with statistics from the actual Clinton assault weapon ban, which showed no measurable effect. Governor-elect Spanberger has pledged to sign such legislation, emphasizing “public safety.” Critics, including the GOA and VCDL, contend these bans target commonly owned firearms protected under Supreme Court rulings such as District of Columbia v. Heller and New York State Rifle & Pistol Association v. Bruen, which affirms the right to keep and bear arms in common use for lawful purposes. They also note that existing owners would likely be grandfathered, but future acquisitions would be prohibited, potentially affecting self-defense and sporting uses.
New $500 Excise Tax on Suppressors
With the explosion of suppressor sales since the reduction of the federal tax stamp fee to $0, Democrats look to add a $500 tax to all suppressor sales within the Commonwealth. The bill (HB207) was prefiled by Delegate Karen Keys-Gamarra. The $500 fee is 150% higher than the now-defunct federal tax fee. The charge would be applied at the point of purchase. The money will be deposited into the general fund. Groups like the American Suppressor Association (ASA) have vowed to oppose any state legislation that would impose an excise tax on suppressors. Sales to law enforcement and federal agencies would be exempt from the tax.
150,000 NFA Applications Submitted On the First Day of the New Year
Privately Manufactured Firearms Restrictions
This new bill aims to prohibit unserialized “ghost guns,” firearms assembled from kits or 3D-printed parts without serial numbers, and so-called “undetectable plastic firearms.” Delayed effective dates from the 2025 legislation will already phase in bans on unfinished frames/receivers by mid-2026, with penalties up to a Class 5 felony. Additional proposals may tighten possession and transfer rules. Anti-gun advocates highlight the untraceable nature of these guns, linking them to rising crime recoveries, which is debatable since firearms with obliterated serial numbers are included in these numbers. Opponents argue that the measures burden hobbyists and infringe on home manufacturing rights, particularly in light of the Supreme Court’s Bruen decision.
Waiting Periods for Firearm Purchases
A mandatory five-day (or longer) waiting period before taking possession of a firearm purchased is expected to be reintroduced. Past bills have tried to impose delays even after background checks clear, aiming to provide a “cooling-off” period to prevent impulsive acts. These bills have failed in the Commonwealth.
The bill’s supporters claim that these waiting periods reduce suicides and homicides. Gun rights groups counter that delays endanger those facing immediate threats, like domestic violence victims, and violate the Second Amendment by impeding timely access.
Age Restrictions on Purchases
Bills raising the minimum age to 21 for purchasing semi-automatic rifles, certain pistols, and shotguns are likely to pass. Federal law already requires a buyer’s age to be 21 to buy handguns from dealers, but state proposals would extend this to long guns.
Proponents frame it as protecting youth, citing higher risks of impulsivity. Critics note that 18-20-year-olds are adults under the Constitution and may need firearms for self-defense, hunting, or military service.
Firearm Industry Liability.
Prefiled bills like SB 27/HB 21 create “standards of responsible conduct” for manufacturers, dealers, and sellers, allowing civil lawsuits for “public nuisances” or failure to prevent sales to prohibited persons/straw purchasers. These bills mirror laws being challenged in other states and could expose the industry to litigation.
Gun control advocates say it holds bad actors accountable. The industry and rights groups call it an end run around federal protections (PLCAA), designed to bankrupt manufacturers through frivolous lawsuits.
Safe Storage Requirements
Proposals mandate locked storage of firearms and ammunition when minors or prohibited persons are present, with penalties escalating if an unsecured gun leads to injury or crime. Some include public awareness campaigns.
Backers argue it prevents child access and theft. Opponents say it hinders ready access for home defense and penalizes responsible owners.
Public Carry Restrictions for Rifles and Shotguns
Expanded bans on openly carrying loaded rifles or shotguns in public streets, sidewalks, parks, or rights-of-way are under discussion, building on existing limits in certain localities.
Anti-gun advocates claim to seek to reduce intimidation. Rights groups view it as infringing on Virginia’s open carry traditions.
Expansion of Gun-Free Zones
Bills are being introduced to add hospitals (especially mental health facilities) and public academic buildings to the list of prohibited carry areas, beyond current schools and government sites. Supporters claim these areas are “sensitive locations.” Critics argue it disarms law-abiding citizens in vulnerable spots without enhancing security.
Other rumored measures include permit-to-purchase schemes, expansions of red flag laws, and limits on concealed carry reciprocity. With Spanberger’s support and Democratic control, many bills have a clear path—unlike under Youngkin, who vetoed assault weapon bans, storage mandates, and more.
The slim Senate majority means moderate Democrats could negotiate compromises, and post-Bruen litigation looms for restrictive laws. Gun rights advocates plan strong opposition, recalling the 2020 Second Amendment sanctuary movement that mobilized thousands. As the session unfolds, outcomes will hinge on legislative bargaining, public input, and potential court challenges.
About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.
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