SB 749 redefines what Virginia considers an "assault firearm." Here's exactly what's covered — feature by feature, category by category.
A BEARING FREEDOM Deep Dive
This legislation has been years in the making. Here's the timeline of Virginia's push toward an assault firearm ban.
Virginia uses a features-based test — not a list of named models. A firearm becomes an "assault firearm" based on its mechanical action combined with specific physical features.
Any semi-auto center-fire rifle or pistol with a fixed magazine over 15 rounds — no additional features needed.
Detachable magazine + any ONE of 5 listed features = assault firearm. This captures most AR-15s.
Detachable magazine + TWO or more of 6 listed features. Higher threshold than rifles.
Any semi-auto shotgun with ONE of 5 features. Detachable mag alone is sufficient.
Any shotgun with a revolving cylinder. The design itself qualifies — no additional features needed.
Any firearm modified to meet any of the above categories after the fact.
This is the category that captures the most firearms. It requires a detachable magazine plus just ONE feature.
| Firearm | Why | Status |
|---|---|---|
| AR-15 (any mfg) | Detach mag + pistol grip + threaded barrel + collapsible stock | ✕ Banned |
| AK-47 / AK-74 pattern | Detach mag + pistol grip (± threaded barrel) | ✕ Banned |
| SIG MCX / MPX Rifle | Detach mag + pistol grip + folding stock + threaded barrel | ✕ Banned |
| IWI Tavor / X95 | Detach mag + integral pistol grip (bullpup) | ✕ Banned |
| FN SCAR | Detach mag + pistol grip + collapsible stock + threaded barrel | ✕ Banned |
| CZ Bren 2 | Detach mag + pistol grip + folding stock + threaded barrel | ✕ Banned |
| HK MR556 / 416 | Detach mag + pistol grip + collapsible stock + threaded barrel | ✕ Banned |
| Ruger Mini-14 Ranch | Detach mag but NO listed features (traditional stock, no threads) | ✓ Legal |
| M1 Garand | Traditional stock, en-bloc clip (not detachable mag in practical terms) | ✓ Legal |
| Ruger Mini-14 Tactical | Detach mag + pistol grip + folding stock | ✕ Banned |
| SKS (standard) | Fixed internal mag, traditional stock | ✓ Legal |
| Any bolt-action rifle | Manually operated — explicitly excluded from all categories | ✓ Legal |
Pistols have a higher threshold — two or more features are required (compared to just one for rifles).
A grip that can be held by the non-trigger hand, such as a vertical foregrip on a railed pistol.
Capacity to accept a magazine that attaches outside the pistol grip. Captures Uzi-style and similar designs.
A shroud encircling the barrel that lets the shooter hold the pistol by the non-trigger hand without being burned. Think AR-pistol handguards.
Capable of accepting a suppressor, flash suppressor, barrel extender, or forward handgrip.
Any part protruding horizontally behind the grip designed to facilitate shoulder-firing. Directly targets AR-style pistols with braces.
A catch-all clause giving enforcement broad discretion. Could capture future accessories or workarounds.
| Firearm | Features Present | Status |
|---|---|---|
| AR-15 Pistol (with brace) | Buffer tube/brace + barrel shroud + threaded barrel (3 features) | ✕ Banned |
| CZ Scorpion Pistol | Barrel shroud + threaded barrel (2 features) | ✕ Banned |
| SIG MPX Pistol | Barrel shroud + threaded barrel + brace (3 features) | ✕ Banned |
| HK SP5 | Barrel shroud + threaded barrel (2 features) | ✕ Banned |
| Glock 19 (standard) | 0 listed features | ✓ Legal |
| SIG P320 w/ threaded bbl | 1 feature only — below threshold | ✓ Legal |
| Smith & Wesson M&P 2.0 | 0 listed features | ✓ Legal |
| 1911 (any) | 0 listed features | ✓ Legal |
| Any revolver | Not semi-automatic — excluded from all categories | ✓ Legal |
Like rifles, semi-auto shotguns need just one feature. And notably, a detachable magazine alone counts as that one feature.
| Firearm | Why | Status |
|---|---|---|
| Saiga-12 / VEPR-12 | Detachable magazine | ✕ Banned |
| Mossberg 930 SPX (pistol grip) | Pistol grip | ✕ Banned |
| Any semi-auto w/ folding stock | Folding stock | ✕ Banned |
| Benelli M2 (standard stock) | No listed features — fixed tube mag, traditional stock | ✓ Legal |
| Beretta 1301 Comp (standard) | No listed features | ✓ Legal |
| Browning A5 (standard) | No listed features | ✓ Legal |
| Remington 870 (pump action) | Manually operated — excluded from all categories | ✓ Legal |
| Mossberg 500 (pump action) | Manually operated — excluded regardless of features | ✓ Legal |
These categories of firearms can never be classified as assault firearms, regardless of features.
All bolt-action rifles, regardless of magazine capacity or cosmetic features.
Remington 870, Mossberg 500/590, Benelli Nova — all legal even with pistol grips.
Henry, Marlin, Winchester lever-actions — all excluded.
Manually operated rifles are excluded.
Not semi-automatic — completely outside the definition.
Break-action, single-shot rifles and shotguns — all excluded.
Pre-1899 or replica firearms using flintlock, matchlock, or percussion cap.
Deactivated / demilitarized firearms cannot be assault firearms.
Walk through this simplified flowchart.
SB 749 separately bans the sale and transfer of magazines holding more than 15 rounds.
Legal to buy, sell, and transfer after July 1.
Illegal to import, sell, barter, transfer, or purchase after July 1. Possession of pre-owned is grandfathered.
| Magazine | Standard Capacity | Status |
|---|---|---|
| Glock 17 magazine | 17 rounds | ✕ Cannot sell/buy new |
| Glock 19 magazine | 15 rounds | ✓ Legal |
| AR-15 standard magazine | 30 rounds | ✕ Cannot sell/buy new |
| AR-15 (15-rd mag) | 15 rounds | ✓ Legal |
| SIG P320 (full-size) | 17 rounds | ✕ Cannot sell/buy new |
| SIG P365 magazine | 10–15 rounds | ✓ Legal |
| AK-47 standard magazine | 30 rounds | ✕ Cannot sell/buy new |
SB 749 creates criminal penalties for anyone who willfully and intentionally violates the ban.
If you legally own a firearm that qualifies as an "assault firearm" before July 1, 2026, you can keep it — with restrictions.
Acting within the scope of their official duties.
Active military members acting within the scope of their duties.
Federal and state agencies and their authorized personnel.
Producing firearms for U.S. military or Virginia law enforcement.
In limited circumstances involving transfers to exempt persons or out-of-state recipients.
Security personnel acting in the course of their duties.
Multiple organizations have signaled immediate court challenges once the law is signed.
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