commentary

Virginia just became a test case for everything wrong with modern gun control

BF
Bearing Freedom
15:27

The bottom line

As of midnight tonight, Virginia has 14 new gun control laws. Abigail Spanberger didn’t veto a single one of them, and in many cases she didn’t even need to sign them. They became law automatically. One governor’s race did that.


This article is based on analysis from Bearing Freedom. Watch the original video. This is commentary, not legal advice.


25 bills in 60 days

The Virginia General Assembly spent 60 days this session passing 25 gun control measures. Spanberger signed or declined to veto essentially all of them. Fourteen were still pending as of this morning. Today is the constitutional deadline. By midnight, they’re all law.

Virginia Democrats, in a single session, pushed through one of the most aggressive gun control packages any state has passed in decades. The bills cover assault weapons, carry rights, red flag expansion, mandatory storage, firearm purchase licenses, concealed carry reciprocity, sensitive places, and more. Some of them interact with each other in ways that will trap ordinary gun owners who have no idea any of this is happening.

Fourteen bills moving at once isn’t a coincidence. When you drop that many changes simultaneously, it’s impossible for gun owners, advocacy groups, and attorneys to fully digest each one before the deadline passes. That’s the strategy. Flood the zone, pass everything, and let the courts sort it out over the next decade while the laws are already in effect.

SB749 and the carry ban

SB749/HB217, carried by Del. Dan Helmer (D-Fairfax), is the one everyone’s heard of. It’s the assault weapons and magazine ban, prohibiting the sale, transfer, manufacture, and importation of semiautomatic centerfire rifles and pistols that can accept more than 15 rounds after July 1, 2026. Current owners are grandfathered in, which is why I’ve been saying this one, while terrible, isn’t the most dangerous bill in the package. You can keep your AR-15. You just can’t buy another one.

The carry ban is the one that’s going to catch people off guard. It takes the existing “assault firearm” carry restrictions, which previously applied only to 13 localities in Northern Virginia, Hampton Roads, and Richmond, and makes them statewide. Under this law, if your rifle has a single banned cosmetic feature and a detachable magazine, you cannot carry it loaded in public. Class one misdemeanor, 12 months jail time, $2,500 fine. The carry ban uses the same seven-category definition as SB749/HB217: one feature for rifles with detachable magazines, two features for pistols. A semi-auto rifle with a folding stock and a detachable magazine qualifies. A pistol needs two features from a separate list. Either way, if your gun fits the definition, carrying it loaded anywhere in Virginia is a crime.

CHP holders aren’t exempt from this either. You passed the test, paid the fee, waited the weeks, and received your permit. Virginia says that doesn’t matter if your gun has a threaded barrel, a second grip, or a collapsible stock. You cannot carry it legally under this new framework.

The under-21 purchase ban

Bill three is HB 1525, which bans anyone under 21 from purchasing a handgun or assault firearm in Virginia. It does not ban all firearm purchases for that age group. An 18-year-old can still walk into a dealer and buy a bolt-action rifle, a pump shotgun, or any non-assault firearm. The ban targets handguns and assault firearms as defined under the new features-based definition, and it is a purchase restriction only, not a possession ban. If you already own a handgun at 19, you can keep it.

The purchase ban has no military exemption. A 19-year-old Marine home on leave cannot buy a handgun in Virginia under this bill. The under-18 possession ban does include military and law enforcement exceptions, but the under-21 purchase restriction does not.

The red flag expansion

Virginia already had a red flag law. Previously, only a prosecutor or a law enforcement officer could petition for an emergency protective order removing someone’s firearms. That’s now been blown open. The expansion allows intimate partners, immediate family members, household members, school administrators, and a long list of mental health professionals to file a petition. “Intimate partner” is defined as anyone in a “romantic, dating, or sexual relationship” within the previous 12 months. “Household member” is broad enough to include a roommate. The wider petitioner eligibility dramatically increases the abuse potential of a tool that already lacks adequate due process protections. You lose your guns before you’ve been convicted of anything, sometimes before you even know the petition was filed, and then you have to fight your way back to reclaim them.

Mandatory storage and the Glock in your nightstand

The mandatory firearm storage law is getting almost no coverage, which is exactly what I’d expect. If you have a minor or a prohibited person in your home, your firearm and ammunition must be stored in a locked container, compartment, or cabinet inaccessible to them, or rendered inoperable with a gun locking device like a trigger lock or cable lock. The only exception is if the gun is on your person. That means the Glock you’ve kept in your nightstand for ten years is now illegal to store that way if you have a child in the house.

I get what they’re trying to prevent. I don’t want unsecured guns around kids either. The problem is the law doesn’t make any accommodation for the defensive reality of firearm ownership. A biometric safe gets you there in a few seconds, which works in some situations. A key safe takes longer. If you wake up at 3am to someone kicking in your front door, those extra seconds aren’t available. The mandatory storage law makes your home less safe by adding friction at the exact moment you can’t afford it.

The bill also creates a penalty trap for people who are victims. If someone breaks into your car and steals a visible handgun, and you call the police to report the theft, you can be cited under the vehicle storage bill for leaving the gun visible. The victim becomes the target of enforcement.

Sensitive places expansion

Bill ten is the geography trap. Virginia has expanded its sensitive places list, and the additions include absentee ballot drop-off boxes. You’re walking to your polling location, you pass a ballot drop box, and now you’re potentially a criminal. There’s no signage requirement I can find in the legislation to alert you. You’re just caught, even if you had no idea the drop box was there.

Campuses are now mandatory gun-free zones regardless of whether the school itself wanted to allow armed faculty or staff. Previously, institutions had some discretion. Now the state overrides their judgment. So if you’re a janitor at a Virginia university and you want to exercise your carry rights during your commute through campus, you’re disarmed by this bill. A janitor. Not a student, not a professor in a classroom. A maintenance worker walking to a utility closet.

The CHP training overhaul

This one is nakedly political. The original bill text specifically named the NRA and the USCCA as organizations whose training courses would be disqualified from meeting the concealed handgun permit training requirement. The state of Virginia, in legislation, identified two pro-gun organizations by name and tried to cut their training programs out of the licensing pathway. The final version may have softened that language, but the intent was explicit: use the regulatory framework to destroy the infrastructure of gun culture, not just restrict the guns themselves.

The federal government’s response

The Trump DOJ, through Assistant Attorney General Harmeet Dhillon of the Civil Rights Division, sent a letter to Spanberger warning that if these bills become law, the federal government will sue. This is not a routine thing. Dhillon called SB749 unconstitutional and said Virginia law enforcement would be forced to participate in practices that “unconstitutionally restrict the making, buying, or selling of AR-15s and many other semi-automatic firearms in common use.”

The constitutional argument runs through New York State Rifle & Pistol Association v. Bruen (2022), which requires modern gun laws to fit within the historical tradition of firearm regulation in America. There’s no historical analog for banning America’s most popular rifle. The AR-15 has the same basic operating mechanism as the semiautomatic rifles commercially available since the early 20th century. There are over 30 million of them in civilian circulation. District of Columbia v. Heller (2008) established that arms in common use for lawful purposes cannot be prohibited, and the AR-15 clears that bar by a mile.

The Fourth Circuit currently has contrary precedent in Bianchi v. Brown, which upheld Maryland’s “assault weapon” ban. Justices Thomas, Alito, and Gorsuch dissented from the Supreme Court’s refusal to hear that case. Thomas wrote that “It is difficult to see how Maryland’s categorical prohibition on AR-15s passes muster” under Bruen. That precedent won’t hold forever. The real cost is how many years Virginia gun owners spend living under unconstitutional restrictions while the litigation grinds through the courts.

The infrastructure for confiscation

Bill fourteen is what I keep coming back to. It mandates that every county and city law enforcement agency in the state build and operate a permanent firearm surrender pipeline by January 1, 2028. Town agencies may participate but aren’t required to. The county and city agencies have no choice. They have to build it. Staff it. Make it a permanent operational fixture.

Nobody is getting their guns confiscated under this bill right now. What it does is build the receiving infrastructure so that when a future administration wants to order mass surrender of the newly banned “assault firearms,” that system already exists everywhere in the state. Right now there’s no grandfathering clause problem because there’s no confiscation order. The moment a future governor decides the grandfathering exemption in SB749 was a political concession they no longer want to honor, the system is already in place and operational.

What one election actually means

Virginia was a reliably Republican state not that long ago. Glenn Youngkin won in 2021. Before him, for years, the Republican governor or a split legislature blocked gun control legislation even when Democrats controlled one chamber. Spanberger, a former CIA officer who ran as a moderate in her congressional races, signed or allowed to pass essentially everything the gun control lobby handed her.

One governor’s race, and 14 gun control bills become law by midnight. There’s a reason I’ve been saying that what’s happening in Virginia matters to gun owners in states they consider safe. Texas, Florida, and Tennessee are not permanently immune from this. The machinery that flipped Virginia is spending money in every swing district in every state with competitive elections. They won Virginia and they are coming for everywhere else.

The lawsuits are coming. Gun Owners of America, the Firearms Policy Coalition, the NRA-ILA, and the Second Amendment Foundation all have Virginia circled. The DOJ letter from Dhillon is not theater. Federal litigation against state gun laws has won real victories in recent years, and the Bruen framework gives courts actual tools to strike down bans on commonly owned arms. Rahimi muddied some of that, but the core principle from Heller that arms in common use can’t be banned hasn’t moved.

Those battles take years, though. Maryland’s assault weapons ban has been litigated for over a decade and AR-15s are still banned there. Virginia gun owners are going to spend a long time in legal limbo while organizations they’ve never heard of fight over whether their rifle is constitutionally protected. The laws will be in effect throughout. That’s what Spanberger and the legislature were counting on.

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