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Virginia Gov. Abigail Spanberger signed a series of gun-control bills Tuesday, toughening a proposed assault-firearms ban before sending it back to lawmakers, which drew immediate backlash from Republicans and is likely to draw a constitutional objection from the Justice Department.
The Democratic governor’s changes to House Bill 217/Senate Bill 749 remove the word “fixed” from part of the bill’s definition of an assault firearm, which could sharply expand the range of semi-automatic rifles and pistols swept into the ban, Republicans say.
“If there was any doubt that Gov. Spanberger was coming for our firearms, this substitute removes it,” House of Delegates Minority Leader Terry Kilgore, R-Scott, told News WCYB 5 in a statement. “Not only does it keep in place the de facto ban on some of the most common firearms in Virginia, it goes further and appears to create a ban on any firearm that can accept a magazine of more than 15 rounds.
“That includes the vast majority of firearms in Virginia that are in common use for legal purposes.”
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The U.S. Department of Justice warned in a letter released Friday that the measure raises constitutional concerns and threatened legal action if the state enforces a ban that infringes on protected firearms.
“This letter provides formal notice that the Civil Rights Division will commence litigation in the event the Commonwealth of Virginia enacts certain bills that unconstitutionally limit law-abiding Americans’ individual right to bear arms,” Assistant Attorney General for Civil Rights Harmeet Dhillon wrote in the letter to Virginia Democrat Attorney General Jay Jones before Spanberger’s moves Tuesday. “Specifically, SB 749, as written, would require Virginia law enforcement agencies to engage in a practice of unconstitutionally restricting the making, buying, or selling of AR-15s and many other semi-automatic firearms in common use.
“The Second Amendment protects the rights of law-abiding citizens to own and use AR-15 style semiautomatic rifles for lawful purposes,” she added, citing the unanimous Supreme Court opinion that the AR-15 is “both widely legal and bought by many ordinary consumers.”
Dhillon said her division “will seek to enjoin any attempt to infringe the right of law-abiding Virginians to acquire constitutional protected arms[.]”
“@SpanbergerForVA is on notice: 2A rights SHALL NOT BE infringed,” Dhillon wrote Friday on X. “We are closely watching—in the event any unlawful legislation is enacted, we will sue. @CivilRights will protect the 2A rights of law-abiding citizens in Virginia.”
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Undaunted, Spanberger moved forward framing the law as a public-safety push, saying the state is trying to balance Second Amendment rights with efforts to reduce gun violence.
“I grew up in a family where responsible gun ownership was expected, and I carried a firearm every day as a former federal agent,” she wrote in a statement. “I support the Second Amendment. But gun violence is the leading cause of death for children and teenagers in America, and that should motivate all of us to ask ourselves what we can do to mitigate this harm.
“This is why I’ve made amendments to provide clarity for both responsible gun owners and law enforcement, making clear what these changes mean in practice — as Virginians safely purchase and store their firearms,” she continued. “These commonsense steps will help keep our families, our communities, and our law enforcement officers safe.”
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The bill would ban the future sale, transfer, manufacture and importation of covered firearms and magazines over 15 rounds, while exempting firearms legally owned before July 1, 2026. It would create a Class 1 misdemeanor for violations and impose limits on how grandfathered firearms could later be transferred or sold.
The legislation now heads back to the General Assembly, which must decide whether to accept Spanberger’s amendments.
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Spanberger also signed several other gun-related bills without changes, including House Bill 21, which requires firearm manufacturers, dealers and distributors to adopt “reasonable controls” aimed at preventing illegal sales and misuse. The law also opens the door for civil action by the attorney general, local governments and private individuals if a firearm industry member’s actions or omissions are alleged to have contributed to public harm.
She also signed House Bill 110, which bars leaving a firearm in plain view inside an unattended vehicle, and House Bill 40, which bans the manufacture, sale, transfer and possession of unserialized homemade firearms, commonly known as ghost guns.
“In all, the General Assembly has forwarded to you over 20 bills that restrict Second Amendment rights,” Dhillon’s warning to Jones concluded. “I urge you to reconsider allowing any bill that would infringe on the lawful use of protected firearms by law-abiding citizens to become law.
“In an effort to avoid unnecessary litigation, the Second Amendment Section stands ready to meet and confer with attorneys in the Virginia Attorney General’s Office.
“The Second Amendment rights of law-abiding citizens shall not be infringed.”
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