Red Flag Law and Weapon Limits in Virginia
Whether Virginia has a red flag (extreme risk) law and any limits on assault weapons or magazine capacity.
Short answer: Yes (substantial risk orders). An attorney for the Commonwealth, a law-enforcement officer, listed licensed mental-health and medical professionals, certified evaluators, community services board designees, an immediate family or household member, an intimate partner, or a school… Va. Code §§ 19.2-152.13(B), (F); 19.2-152.14(A), (C); 18.2-308.1:6
| Red flag law | Yes (substantial risk orders). An attorney for the Commonwealth, a law-enforcement officer, listed licensed mental-health and medical professionals, certified evaluators, community services board designees, an immediate family or household member, an intimate partner, or a school administrator or superintendent (for a current or recent student) may petition a judge or magistrate for an emergency substantial risk order barring the person from purchasing, possessing or transporting firearms. An emergency order expires at 11:59 p.m. on the 14th day after issuance; a court must hold a hearing within 14 days to decide on a full substantial risk order, which can last up to 180 days and be extended for up to 180 days at a time on clear and convincing evidence. Full order: https://law.lis.virginia.gov/vacode/title19.2/chapter9.2/section19.2-152.14/ |
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| Assault weapons and magazine limits | Yes, enacted 2026 (cc. 1106, 1107; effective July 1, 2026). Importing, selling, manufacturing, purchasing or transferring an 'assault firearm' is a Class 1 misdemeanor. 'Assault firearm' includes semi-automatic center-fire rifles or pistols with a fixed magazine over 15 rounds; semi-automatic center-fire rifles that accept detachable magazines and have one or more listed features (folding/telescoping stock, thumbhole stock or protruding pistol grip, second handgrip, grenade launcher, threaded barrel for a brake, compensator, suppressor or flash suppressor); semi-automatic center-fire pistols with two or more listed features; certain semi-automatic shotguns; revolving-cylinder shotguns; and belt-fed firearms. Bolt, pump, lever and slide action guns and antiques are excluded. Possession of assault firearms bought before July 1, 2026 is not banned, and such guns may be sold to a dealer or out-of-state buyer, inherited, or given to an immediate family member. Magazines: importing, selling, bartering, transferring or purchasing a device holding more than 15 rounds is a Class 1 misdemeanor (pre-July 1, 2026 magazines may be kept). From July 1, 2027, carrying an assault firearm in public places is banned statewide. Court status: the Attorney General reported that on June 25, 2026 a Lancaster County judge issued a temporary injunction pausing the Virginia State Police from implementing or enforcing the assault weapons ban (Crump v. Katz), and that on August 21, 2026 that court stayed the case, joining three other state courts and the U.S. District Court for the Eastern District of Virginia in granting stays pending U.S. Supreme Court review of assault weapons ban challenges. Court challenges are pending; check current status. Magazines: https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-309.1/ . AG releases: https://www.oag.state.va.us/media-center/news-releases/3055-attorney-general-jones-shares-statement-following-ruling-in-crump-v-katz-regarding-virginias-assault-weapons-ban (June 25, 2026); https://www.oag.state.va.us/media-center/news-releases/3099-stay-order-issued-in-virginias-assault-weapons-ban-case (Aug. 21, 2026). The statewide scope of the injunctions and whether they cover the magazine ban are reported only in news, not on an official page read. |
More Virginia gun laws
- Concealed Carry in Virginia
- Open Carry in Virginia
- Buying a Gun in Virginia
- All Virginia gun laws rules
FAQ
Does Virginia have a red flag law?
Yes (substantial risk orders). An attorney for the Commonwealth, a law-enforcement officer, listed licensed mental-health and medical professionals, certified evaluators, community services board designees, an immediate family or household member, an intimate partner, or a school administrator or superintendent (for a current or recent student) may petition a judge or magistrate for an emergency substantial risk order barring the person from purchasing, possessing or transporting firearms. An emergency order expires at 11:59 p.m. on the 14th day after issuance; a court must hold a hearing within 14 days to decide on a full substantial risk order, which can last up to 180 days and be extended for up to 180 days at a time on clear and convincing evidence.
Does Virginia ban assault weapons or high-capacity magazines?
Yes, enacted 2026 (cc. 1106, 1107; effective July 1, 2026). Importing, selling, manufacturing, purchasing or transferring an 'assault firearm' is a Class 1 misdemeanor. 'Assault firearm' includes semi-automatic center-fire rifles or pistols with a fixed magazine over 15 rounds; semi-automatic center-fire rifles that accept detachable magazines and have one or more listed features (folding/telescoping stock, thumbhole stock or protruding pistol grip, second handgrip, grenade launcher, threaded barrel for a brake, compensator, suppressor or flash suppressor); semi-automatic center-fire pistols with two or more listed features; certain semi-automatic shotguns; revolving-cylinder shotguns; and belt-fed firearms. Bolt, pump, lever and slide action guns and antiques are excluded. Possession of assault firearms bought before July 1, 2026 is not banned, and such guns may be sold to a dealer or out-of-state buyer, inherited, or given to an immediate family member. Magazines: importing, selling, bartering, transferring or purchasing a device holding more than 15 rounds is a Class 1 misdemeanor (pre-July 1, 2026 magazines may be kept). From July 1, 2027, carrying an assault firearm in public places is banned statewide. Court status: the Attorney General reported that on June 25, 2026 a Lancaster County judge issued a temporary injunction pausing the Virginia State Police from implementing or enforcing the assault weapons ban (Crump v. Katz), and that on August 21, 2026 that court stayed the case, joining three other state courts and the U.S. District Court for the Eastern District of Virginia in granting stays pending U.S. Supreme Court review of assault weapons ban challenges. Court challenges are pending; check current status.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.