Virginia HB 40: Plastic firearms or receivers, etc.; transfer, etc., prohibited, penalties.

Bill Text

2026 SESSION

INTRODUCED

26100452D

HOUSE BILL NO. 40

Offered January 14, 2026

Prefiled December 23, 2025

A BILL to amend and reenact § 18.2-308.5 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-308.5:2, relating to manufacture, import, sale, transfer, or possession of plastic firearms and unfinished frames or receivers and unserialized firearms prohibited; penalties.

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Patrons—Simon, Bennett-Parker, Cousins, Henson, Martinez, Price, Rasoul, Seibold, Thornton 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 § 18.2-308.5 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 18.2-308.5:2 as follows:

§ 18.2-308.5. Manufacture, assemble, import, etc., of plastic firearm prohibited; penalty.

A. As used in this section:

"Frame" and "receiver" have the same meanings attributed to them in 18 U.S.C. § 921 et seq. and regulations issued pursuant thereto.

"Major component" means (i) the slide or cylinder, or the frame or receiver, of the firearm or (ii) in the case of a rifle or shotgun, the barrel of the firearm.

"Plastic firearm" means any firearm, including machine guns and sawed-off shotguns as defined in this chapter, containing less than 3.7 ounces of electromagnetically detectable metal in the barrel, slide, cylinder, frame, or receiver that, when subjected to inspection by the types of detection devices, including X-ray machines, commonly used at airports, government buildings, schools, correctional facilities, and other locations for security screening, does not generate an image that accurately depicts its shape.

B. It shall be is unlawful for any person to knowingly manufacture or assemble, cause to be manufactured or assembled, import, purchase, sell, offer for sale, transfer, or possess (i) any plastic firearm or (ii) any firearm that, after removal of all parts other than a major component, is not detectable as a firearm by the types of detection devices, including X-ray machines, commonly used at airports, government buildings, schools, correctional facilities, and other locations for security screening.

As used in this section, "plastic firearm" means any firearm, including machine guns and sawed-off shotguns as defined in this chapter, containing less than 3.7 ounces of electromagnetically detectable metal in the barrel, slide, cylinder, frame or receiver of which, when subjected to inspection by X-ray machines commonly used at airports, does not generate an image that accurately depicts its shape.

C. A violation of this section shall be is punishable as a Class 5 felony.

§ 18.2-308.5:2. Prohibition on unfinished frames or receivers and unserialized firearms; penalties.

A. As used in this section:

"Federal licensee authorized to serialize firearms" means a person, firm, corporation, or other entity that holds any valid federal license that authorizes the person, firm, corporation, or other entity to imprint serial numbers onto firearms and completed or unfinished frames or receivers pursuant to 18 U.S.C. § 921 et seq. and regulations issued pursuant thereto.

"Federally licensed gunsmith, manufacturer, or importer" means a person, firm, corporation, or other entity that holds a valid gunsmith license or license to manufacture or import firearms issued pursuant to 18 U.S.C. § 921 et seq. and regulations issued pursuant thereto.

"Frame" and "receiver" have the same meanings attributed to them in 18 U.S.C. § 921 et seq. and regulations issued pursuant thereto.

"License to manufacture firearms" means a valid license to manufacture firearms issued pursuant to 18 U.S.C. § 921 et seq. and regulations issued pursuant thereto.

"Manufacture or assemble" means to fabricate, construct, fit together component parts of, or otherwise produce a firearm or completed or unfinished frame or receiver, including through additive, subtractive, or other processes.

"Unfinished frame or receiver" means a forging, casting, printing, extrusion, machined body, or similar item that (i) is designed to or may readily be completed, assembled, or otherwise converted to function as a frame or receiver or (ii) is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled, or otherwise converted. However, "unfinished frame or receiver" does not include a component designed and intended for use in an antique firearm.

"Valid serial number" means a serial number that has been imprinted by a federal licensee authorized to serialize firearms in accordance with federal law, or that has otherwise been assigned to a firearm or completed or unfinished frame or receiver pursuant to the laws of any state or pursuant to 26 U.S.C. § 5801 et seq. and regulations issued pursuant thereto.

B. It is unlawful to knowingly import, purchase, sell, offer for sale, or transfer ownershi