Jake Lang on Virginia’s New Open Carry Restriction on “Assault Firearms”

Prior to July 1, 2026, Virginia restricted the carry of specific loaded semi-automatic rifles, pistols, and shotguns primarily in designated cities (e.g., Alexandria, Richmond, Norfolk, Virginia Beach) and counties (e.g., Fairfax, Loudoun, Arlington). The new law removes those geographic limits and updates the definition of prohibited firearms, making the restriction apply across the entire Commonwealth in public spaces.

The statute (§ 18.2-287.4) now states it is unlawful for any person to carry an “assault firearm” (as defined in § 18.2-308.2:2) on or about their person in:

• Any public street, road, alley, sidewalk, or public right-of-way
• Any public park
• Any other place open to the public

Penalty: Violation is a Class 1 misdemeanor.

Types of Guns Affected

The law targets “assault firearms,” which include specific semi-automatic center-fire weapons with designated features. Key categories:

• Semi-automatic center-fire rifles or pistols that:
  • Are equipped with a magazine holding more than 20 rounds of ammunition, or
  • Are designed by the manufacturer to accommodate a silencer, or
  • Have a folding, telescoping, or collapsible stock.
• Semi-automatic center-fire rifles with a detachable magazine plus one or more of these features:
  • Folding/telescoping/collapsible stock
  • Thumbhole stock or pistol grip protruding beneath the action
  • Second handgrip or protruding grip for the non-trigger hand
  • Grenade launcher
  • Threaded barrel (capable of accepting suppressor, flash suppressor, muzzle brake, or compensator)
• Semi-automatic center-fire pistols with detachable magazine plus features such as a second handgrip, barrel shroud, or threaded barrel.
• Shotguns with a magazine capacity exceeding 7 rounds of the longest ammunition for which it is chambered.
• Firearms capable of accepting belt-fed ammunition.
• Any firearm modified to function as one of the above.

Not Affected: Most standard handguns (without the listed features), traditional bolt-action rifles, pump-action shotguns, and other firearms that do not meet the assault firearm criteria remain legal for open carry under Virginia’s general open carry framework.

Exceptions

The prohibition does not apply to:

• Law enforcement officers in official duties
• Military personnel in official duties
• Recognized cadet corps members in sanctioned training or ceremonial events
• Individuals lawfully hunting or engaged in recreational shooting at an established range or contest

Exemptions from related concealed carry laws also apply in certain cases.

Open Carry in Virginia: The Broader Context

Virginia is generally an open carry state. Individuals 18 and older who are not otherwise prohibited from possessing firearms may openly carry handguns and long guns without a permit. The new law does not change this baseline for non-assault firearms but adds a targeted restriction on assault-style weapons in public.

Note on Delay: A budget amendment postponed certain aspects or related provisions of HB 1524 to July 1, 2027, to address drafting issues that could have created unintended loopholes.

Grandfathering and Related Laws

Firearms and magazines lawfully owned before the effective date are generally grandfathered for possession. However, separate legislation (some subject to ongoing court challenges) restricts future sales, transfers, and importation of assault firearms and large-capacity magazines (often defined as over 15 rounds).

Practical Implications

• Open carriers of qualifying assault firearms must now avoid public areas statewide or risk misdemeanor charges.
• Concealed handgun permit (CHP) holders may have additional exemptions in some contexts.
• Travelers and residents should review their firearms against the updated definitions.

Legal experts recommend consulting the full text of § 18.2-287.4 and § 18.2-308.2:2 on the Virginia Legislative Information System (LIS) or seeking advice from a qualified attorney, as firearm laws involve important nuances and potential future litigation.

Stay informed: Check official sources like law.lis.virginia.gov for the latest updates, as court rulings or amendments could impact enforcement.