Virginia Set Its Sights on the Second Amendment 

Democrats won a sweeping victory in the Old Dominion State in November’s off-year elections, taking both houses of the state legislature and all three statewide offices. With the trifecta in place, Democrats introduced a series of gun control bills that, if enacted, would make Virginia one of the most restrictive gun-rights states in the nation. Despite campaigning as a moderate, newly elected Governor Abigail Spanberger, a former CIA agent, has pledged to sign any gun control measures that reach her desk.

The most troubling and far-reaching piece of legislation is HB217, sponsored by Del. Dan Helmer (D-Fairfax), that would prohibit the importation, sale, manufacture, purchase, or transfer of so-called “assault firearms” and magazines capable of holding more than ten rounds. The bill defines “assault firearm” as a semi-automatic centerfire rifle or pistol that can accept a detachable magazine and has one or more specific characteristics, including features such as a folding, telescoping, or collapsible stock, a pistol grip, a second handgrip, a threaded barrel, a forward handgrip, a barrel shroud, or a grenade or flare launcher.

Grenade launchers are heavily restricted nationwide, but other features such as pistol grips, threaded barrels, and detachable magazines are widespread, especially in recent decades.

If enacted, HB217 would outlaw all or nearly all modern sporting rifles (MSRs), including the AK-47, AR-10, and the wildly popular and standard AR-15. An NRA survey from 2018 found that nearly half (48%) of centerfire rifles manufactured that year were MSRs, with the rest split primarily between bolt-action and lever-action platforms. As of 2025, there were at least 30.7 million MSRs in circulation. According to a 2024 NSSF survey, magazines holding over 10 rounds are the industry standard for both rifles and pistols. Out of the nearly one billion magazines manufactured since 1990, 74% exceed the ten-round limit, including 55% of pistol magazines and nearly all magazines made for MSRs. Most top-selling handguns on the market, including the Glock 19, SIG Sauer P365, SIG Sauer P320, Springfield Hellcat, and Ruger LCP Max, all accept magazines over the ten-round limit, meaning this legislation is not targeting specific guns or equipment deemed especially dangerous, but the most common and widely used firearms on the market today.

Unfortunately, Democratic policy makers in Virginia are not satisfied with advancing HB217; they have also introduced legislation that would create a 5-day mandatory waiting period for all firearm sales and transfers (HB700). If enacted, this could be dangerous for citizens who attempt to purchase a firearm as a result of an imminent threat to themselves or their families. HB901 would greatly expand Virginia’s red flag laws, increasing the number of parties who can file an Emergency Risk Protective Order petition to suspend a person’s Second Amendment rights. HB 626 and SB272 would limit who can legally carry a weapon on a college campus, and HB919 would impose an 11% excise tax on the purchase of all guns and ammunition, just to name a few.

The flurry of anti-Second Amendment legislation drew pushback from both Virginia Republicans and gun rights groups. “The government did not give me the right to defend myself, to defend my family, or to defend my freedom,” said Del. Tom Garrett (R-Buckingham), adding that the government “cannot take it away, try though it may.”

“House Bill 217 bans certain semi-automatic firearms, including many semi-automatic rifles, pistols and shotguns, and arbitrarily limits magazine capacities. This bill is an attempt to redefine and ban firearms that are in common use by law-abiding citizens—plain and simple gun confiscation by definition,” said NRA-ILA in a statement.

With Virginia currently operating as a one-party state, most or all of these bills will likely become law this year; however, following the landmark 2022 Supreme Court ruling in New York Rifle and Pistol Association v. Bruen, they likely face imminent legal challenges. Virginia will have to contend with the “common use” standard set by both Bruen and Heller. The fact that tens of millions of Americans own and use MSRs means that those weapons are presumably protected, as are magazines carrying over ten rounds, as they are necessary components of protected arms. Excessive taxes and waiting periods could be open to legal scrutiny as well, as they can be seen as de facto prohibitions without historical precedent.

Additionally, Virginia Democrats included bills that would raise income taxes on high earners, impose a new tax on net investment income, including interest, dividends, capital gains, and investment income, and raise payroll taxes to fund paid family/medical leave. HB 900 and HB 978 would add taxes on retail deliveries (Amazon, etc.) and broadly expand sales taxes on services such as ride-shares, food delivery, dry cleaning, dog grooming, concerts, gym memberships, counseling, and home/auto repairs.

If Virginia’s tax code and laws regarding self-defense move closer to California than the purple-leaning blue makeup of the electorate, VA could soon face the same kind of interstate migration that has dogged CA for years. The Golden State is on pace to lose a shocking four to five congressional districts in 2030. If Virginia decides to make itself less economically competitive, all while persecuting its citizens for exercising their God-given rights, it could realize that same fate.