Virginia HB 217: Assault firearms & certain ammunition feeding devices; purchase, sale, etc., prohibited, penalties.

Bill Text

2026 SESSION

INTRODUCED

26100315D

HOUSE BILL NO. 217

Offered January 14, 2026

Prefiled January 7, 2026

A BILL to amend and reenact §§ 15.2-915.5, 18.2-308.09, 18.2-308.2:1, 18.2-308.2:2, 18.2-308.2:3, 18.2-308.2:5, 18.2-308.7, and 19.2-386.28 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 18.2-287.4:1, 18.2-287.4:2, 18.2-308.1:9, and 18.2-309.1, relating to purchase, possession, sale, transfer, etc., of assault firearms and certain ammunition feeding devices prohibited; penalties.

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Patrons—Helmer, Clark, Cousins, Price, Sullivan, Bennett-Parker, Bulova, Carr, Cohen, Downey, Henson, Hernandez, Hope, Keys-Gamarra, Krizek, Laufer, LeVere Bolling, Lopez, Martinez, McGuire, Nivar, Reaser, Reid, Schmidt, Seibold, Shin, Singh and Tran

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Referred to Committee on Public Safety

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Be it enacted by the General Assembly of Virginia:

1. That §§ 15.2-915.5, 18.2-308.09, 18.2-308.2:1, 18.2-308.2:2, 18.2-308.2:3, 18.2-308.2:5, 18.2-308.7, and 19.2-386.28 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding sections numbered 18.2-287.4:1, 18.2-287.4:2, 18.2-308.1:9, and 18.2-309.1 as follows:

§ 15.2-915.5. Disposition of firearms acquired by localities.

A. No locality or agent of such locality may participate in any program in which individuals are given a thing of value provided by another individual or other entity in exchange for surrendering a firearm to the locality or agent of such locality unless (i) the governing body of the locality has enacted an ordinance, pursuant to § 15.2-1425, authorizing the participation of the locality or agent of such locality in such program or (ii) the program is a voluntary gun buy-back or give-back program for the surrendering of an assault firearm as defined in § 18.2-308.2:2.

B. Any ordinance enacted pursuant to this section shall require that any firearm received, except a firearm of the type defined in § 18.2-288 or 18.2-299 or a firearm the transfer for which is prohibited by federal law, shall be destroyed by the locality unless the person surrendering the firearm requests in writing that the firearm be offered for sale by public auction or sealed bids to a person licensed as a dealer pursuant to 18 U.S.C. § 921 et seq. Notice of the date, time, and place of any sale conducted pursuant to this subsection shall be given by advertisement in at least two newspapers published and having general circulation in the Commonwealth, at least one of which shall have general circulation in the locality in which the property to be sold is located. At least 30 days shall elapse between publication of the notice and the auction or the date on which sealed bids will be opened. Any firearm remaining in possession of the locality or agent of the locality after attempts to sell at public auction or by sealed bids shall be disposed of in a manner the locality deems proper, which may include destruction of the firearm or, subject to any registration requirements of federal law, sale of the firearm to a licensed dealer.

§ 18.2-287.4:1. Importation, sale, manufacture, etc., of assault firearms prohibited; penalty.

A. As used in this section, an "assault firearm" means the same as that term is defined in § 18.2-308.2:2.

B. Any person who imports, sells, manufactures, purchases, or transfers an assault firearm is guilty of a Class 1 misdemeanor.

C. The provisions of this section shall not apply to (i) any government officer, agent, or employee, or member of the Armed Forces of the United States, to the extent that such person is otherwise authorized to acquire or possess an assault firearm and does so while acting within the scope of his duties; (ii) the manufacture of an assault firearm by a firearms manufacturer for the purpose of sale to any branch of the Armed Forces of the United States, senior military colleges in the Commonwealth organized under 10 U.S.C. § 2111a(f), or to a law-enforcement agency in the Commonwealth for use by that agency or its employees, provided that the manufacturer is properly licensed under federal, state, and local laws; (iii) the sale or transfer of an assault firearm by a licensed dealer to any branch of the Armed Forces of the United States or to a law-enforcement agency in the Commonwealth for use by that agency or its employees; or (iv) any member of a cadet corps who is recognized by a public institution of higher education while such member is in the performance of lawful military training or such member is participating in an official ceremonial event for the Commonwealth.

§ 18.2-287.4:2. Importation, sale, possession, etc., of assault firearms prohibited by persons younger than 21 years of age; penalty.

A. As used in this section, an "assault firearm" means the same as that term is defined in § 18.2-308.2:2 except that it includes such firearms manufactured before July 1, 2026.

B. Any person younger than 21 years of age who imports, sells, man