Introduction: A Gun Law in Legal Limbo

If you’ve tried to keep up with Virginia’s gun laws this year, you’re not alone in feeling confused. The General Assembly passed a sweeping package of firearms restrictions in 2026, Governor Abigail Spanberger signed them into law, and gun-rights groups sued before the ink was dry. Since then, circuit courts across the Commonwealth have issued conflicting rulings, the Virginia Supreme Court has stepped in to sort out where the cases will be heard, and the U.S. Department of Justice has joined the fight in federal court.

For gun owners, dealers, and anyone facing a firearms charge in the Historic Triangle — Williamsburg, James City County, York County, and Newport News — the practical question is simple: **is this law actually in effect right now?** As of this writing, the answer is no. But that could change quickly, and understanding why requires a look at the statute itself, the Virginia Constitution, and the key court decisions shaping this fight.

What the New Law Actually Says

The centerpiece of the 2026 package is popularly known as Virginia’s “assault firearms ban,” enacted through **HB 217 and SB 749**. Once effective, the law would:

– Prohibit the import, sale, manufacture, purchase, and transfer of firearms meeting the statutory definition of an “assault firearm,” including many semiautomatic rifles, pistols, and shotguns with features like detachable magazines combined with a folding, telescoping, or collapsible stock, a pistol grip, a threaded barrel, or a silencer.
– Ban magazines capable of holding more than a specified round count.
– Make a violation a **Class 1 misdemeanor**, with a three-year firearm purchase and possession prohibition following conviction.
– Exempt current lawful owners from having to surrender their firearms and allow transfers to immediate family members.
– Exempt manually operated firearms — bolt-, pump-, lever-, and slide-action guns — along with antiques and permanently inoperable firearms.
– Delay a related provision restricting the public carry of covered firearms until 2027.

A companion measure expanded background check requirements for private firearm sales, an area of Virginia law that has its own separate and older litigation history dating back to a 2020 statute.

The Constitutional Fight: Article I, Section 13 and the Second Amendment

Every lawsuit challenging this law rests on two constitutional provisions:

1. **Article I, Section 13 of the Virginia Constitution**, which protects “the right of the people to keep and bear arms” and has been part of Virginia’s Bill of Rights since a 1971 amendment.
2. **The Second Amendment**, as interpreted by the U.S. Supreme Court in *District of Columbia v. Heller* and *New York State Rifle & Pistol Association v. Bruen*. Under *Bruen*, a modern firearms regulation is constitutional only if it fits within the nation’s historical tradition of firearm regulation — a framework that has made many state assault-weapon bans vulnerable to challenge.

Plaintiffs argue that AR-15-style rifles and similar firearms are among the most commonly owned weapons in the country and therefore cannot be treated as “dangerous and unusual” arms subject to a categorical ban. The Commonwealth counters that these firearms are akin to weapons of war and fall outside constitutional protection. That dispute is now playing out simultaneously in state and federal court.

The State Court Battles

Multiple Virginia gun-rights organizations and individual plaintiffs filed suit within hours of the governor’s signature, in circuit courts including **Washington County, Lancaster County, Spotsylvania County, and Fauquier County**. The two most significant developments:

– **Crump v. Katz (Lancaster County):** Judge John Martin granted a preliminary injunction on behalf of Gun Owners of America, the Virginia Citizens Defense League, and journalist John Crump, finding the Commonwealth was unlikely to succeed in showing the law doesn’t violate Article I, Section 13. The injunction blocked the Virginia State Police from enforcing the ban statewide, since the State Police superintendent was a named defendant.
– **Santolla v. Katz (Washington County):** Judge Jeffrey L. Campbell separately found the plaintiffs were likely to prevail on the merits and issued a preliminary injunction that the court later ruled applies statewide, with an effective date pushed to July 21, 2026 to allow notice to every law enforcement agency and Commonwealth’s Attorney’s office in Virginia.

Because these cases were filed in different circuits with the potential for conflicting outcomes, the **Virginia Supreme Court appointed a three-judge panel** to decide whether the cases should be consolidated before a single court. Attorney General Jay Jones has appealed the injunctions, arguing a circuit court order cannot bind parties outside the specific lawsuit before it — a procedural argument that could matter as much as the underlying constitutional question.

Not every plaintiff has won at this stage. A separate challenge filed in Spotsylvania County by two gun owners, a firearms instructor, and a gun store was rejected by the presiding judge on different legal grounds, underscoring how unsettled this area of law remains even at the trial court level.

The Federal Lawsuits

Two federal cases filed in the **U.S. District Court for the Eastern District of Virginia** add another layer:

– **McDonald v. Katz**, brought by individual plaintiffs along with the NRA, the Firearms Policy Coalition, and the Second Amendment Foundation, argues the ban violates the Second and Fourteenth Amendments.
– A separate suit filed by the **U.S. Department of Justice** itself asks a federal judge to block enforcement of the law statewide, arguing it infringes the rights of law-abiding gun owners. Notably, the DOJ’s complaint acknowledges it is asking the court to depart from existing **Fourth Circuit** precedent upholding Maryland’s similar assault weapons ban — a sign that the government is playing a long game aimed at eventual U.S. Supreme Court review.

Where Things Stand Right Now

As of this writing, enforcement of the assault firearms and magazine provisions remains **blocked statewide** under the combined effect of the Lancaster and Washington County injunctions, which are set to remain in place into 2027 or until a final ruling on the merits. The Attorney General’s office has appealed and sought a stay of that injunction, and the Virginia Supreme Court’s decision on consolidating the state cases will shape how quickly a definitive answer arrives. Meanwhile, the federal cases proceed on a separate track that could eventually intersect with the broader national debate over assault weapons bans in states like Maryland, California, and Illinois.

Bottom line: the political and legal fight over these laws is far from over, and the rules could change again with little notice.

Why This Matters If You’re Facing a Firearms Charge

This isn’t just an academic legal debate — it has real consequences for anyone in Hampton Roads facing a firearms-related charge. A shifting legal landscape can affect:

– Whether a specific firearm or magazine is even covered by an enforceable statute on the date of an alleged offense.
– Pretrial motions challenging the constitutionality of a charge under Article I, Section 13 or the Second Amendment.
– Plea negotiations, since prosecutors may be less willing to pursue charges tied to provisions currently enjoined by a Virginia court.
– Timing issues under Virginia’s speedy trial statute, § 19.2-243, particularly where a case is continued pending the outcome of the state or federal appeals.

Because enforcement authority and injunction scope vary by jurisdiction and by which defendants were named in each lawsuit, the practical impact can differ depending on whether you’re dealing with Williamsburg Police, James City County Police, York-Poquoson Sheriff’s deputies, Newport News Police, or Virginia State Police.

Frequently Asked Questions

Is Virginia’s assault weapons ban currently in effect?

No. As of this writing, enforcement is blocked statewide by preliminary injunctions issued in Virginia circuit court litigation, though the Commonwealth is appealing those rulings.

What is Article I, Section 13 of the Virginia Constitution?

It’s the provision of Virginia’s Bill of Rights, added in 1971, that protects the right of the people to keep and bear arms. State court challenges to the 2026 gun laws are built primarily around this provision.

Could the U.S. Supreme Court eventually decide this issue?

Possibly. The Supreme Court has not directly ruled on the constitutionality of assault weapons bans, but the Department of Justice’s lawsuit explicitly asks a federal court to depart from existing Fourth Circuit precedent, positioning the issue for potential future Supreme Court review.

Does the ban require current owners to give up their firearms?

No. The law as written does not require existing lawful owners to surrender covered firearms and permits transfers to immediate family members.

What should I do if I’m charged under one of these laws?

Given how unsettled and jurisdiction-specific the injunctions are, anyone facing a charge involving these provisions should talk to a criminal defense attorney familiar with the current status of the litigation before entering a plea.

Talk to a Hampton Roads Criminal Defense Attorney

Virginia’s gun laws are changing faster than most gun owners — or even most attorneys — can track in real time. If you’re facing a firearms charge in Williamsburg, James City County, York County, or Newport News, or you simply want to understand how this litigation affects your rights, our firm stays current on every development in this fast-moving area of law. Contact us today to discuss your situation.

This blog post is for informational purposes only and does not constitute legal advice. The status of the litigation described above may have changed since publication. Contact our office for current information about your specific case.

The post Virginia Assault Weapons Ban 2026: What’s the Current Status? appeared first on Attorneys of Goff Voltin.

A charge for assault and battery against a family or household member carries consequences that go far beyond a possible conviction. In Virginia, one of the most significant — and most misunderstood — consequences involves the right to purchase, possess, or transport a firearm. For residents of Williamsburg, James City County, York County, Newport News, and the wider Hampton Roads region, understanding **Virginia Code § 18.2-57.3** can be the difference between a permanent loss of firearm rights and a path back to a clean record.

This article breaks down what § 18.2-57.3 actually does, how it interacts with Virginia’s domestic assault statute (§ 18.2-57.2), and what it means for your Second Amendment rights under both state and federal law.

What Is Virginia Code § 18.2-57.3?

Virginia Code § 18.2-57.3 creates a **first-offender deferred disposition program** for people charged with:

– Simple assault against a family or household member under § 18.2-57(A), or
– Assault and battery against a family or household member under § 18.2-57.2

Instead of moving straight to a conviction, a judge may defer the proceedings and place the accused on local, community-based probation. If the person successfully completes every condition of that probation, the charge is ultimately **dismissed** — meaning no conviction is ever entered.

Who Qualifies for Deferred Disposition?

To be eligible, the court must find that:

1. The person was an adult at the time of the offense
2. The person has no prior conviction for assault or assault and battery against a family or household member
3. The person has not previously been convicted of certain acts of violence (unless the Commonwealth’s Attorney does not object)
4. The person has not previously had a case dismissed under this same program
5. The person pleads guilty, pleads no contest, or the court finds the evidence sufficient to support a guilty finding

Because eligibility is fact-specific and prosecutorial discretion plays a real role, having defense counsel present the right facts to the court and the Commonwealth’s Attorney is critical — particularly in jurisdictions across Hampton Roads, where practices can vary from courtroom to courtroom.

Why § 18.2-57.3 Matters for Firearm Rights

This is where the statute has its biggest practical impact.

A Conviction Under § 18.2-57.2 Can Cost You Your Firearm Rights

Under current Virginia law, a **conviction** for assault and battery against a family or household member under § 18.2-57.2 makes it unlawful to purchase, possess, or transport a firearm. This state-law restriction applies to offenses occurring on or after July 1, 2021. Virginia law does provide a path back: firearm rights are generally restored three years after the conviction date, provided the person has no new disqualifying conviction and is not otherwise subject to a protective order.

Federal law adds another layer. Under 18 U.S.C. § 922(g)(9) — commonly known as the federal domestic violence firearm prohibition — a **misdemeanor crime of domestic violence** conviction can trigger a federal firearms ban that is separate from, and not automatically cured by, Virginia’s three-year restoration period.

Deferred Disposition Avoids the Conviction Entirely

Because § 18.2-57.3 allows the court to defer proceedings **without entering a conviction**, successful completion of the program avoids triggering both the Virginia firearm disqualification tied to § 18.2-57.2 and the federal misdemeanor-crime-of-domestic-violence prohibition that flows from an actual conviction. This is one of the primary reasons defense attorneys pursue deferred disposition aggressively for eligible first offenders.

But There’s a Catch: No Firearms During Probation

While the case is deferred, the accused is not conviction-free in every sense — the terms of probation under § 18.2-57.3 typically prohibit contact with the alleged victim and **prohibit possessing firearms** for the duration of the supervision period. In other words, firearm rights aren’t gone permanently, but they are suspended during the probationary period as a condition of the deferral itself.

Protective Orders Are a Separate Trap

Even if a domestic assault charge is resolved through § 18.2-57.3, a related **protective order** can independently restrict firearm rights under § 18.2-308.1:4. It’s entirely possible to avoid a criminal conviction while still being barred from possessing firearms because of an active protective order arising from the same underlying incident. Anyone facing a domestic assault charge should have both the criminal case and any related protective order proceeding evaluated together.

Why This Matters in Hampton Roads and Williamsburg

Local practice matters. Whether a Commonwealth’s Attorney’s office in James City County, York County, Newport News, or elsewhere in Hampton Roads is willing to agree to deferred disposition — and on what conditions — can vary significantly. An experienced local defense attorney who regularly appears in these courts can often negotiate terms that protect a client’s firearm rights more effectively than a generic, one-size-fits-all approach.

Frequently Asked Questions

Does § 18.2-57.3 guarantee I keep my gun rights?
No. It avoids a conviction if you successfully complete the program, which prevents the automatic state and federal firearm prohibitions tied to a conviction. However, you generally cannot possess firearms during the probationary period itself, and a separate protective order can still restrict your rights.

What happens if I violate the terms of my deferred disposition?
Non-compliance can result in the charge being reinstated, potentially leading to a conviction and the firearm consequences that come with it.

Does simple assault against a non-family member affect my firearm rights?
Generally, no. A conviction for simple assault under § 18.2-57 that does not involve a family or household member does not, by itself, trigger Virginia’s firearm disqualification or the federal domestic violence firearm prohibition.

How long do I have to wait to get my firearm rights back after a domestic assault conviction?
Under current Virginia law, firearm rights are generally restored three years after a qualifying conviction, absent a new disqualifying event. Federal restrictions may operate independently of this timeline.

Can a protective order affect my firearm rights even without a conviction?
Yes. A qualifying protective order under § 18.2-308.1:4 can independently prohibit firearm purchase, possession, or transportation regardless of the outcome of the criminal case.

Talk to a Hampton Roads Domestic Assault Defense Attorney

If you or a loved one has been charged with assault and battery against a family or household member in Williamsburg, James City County, York County, Newport News, or elsewhere in Hampton Roads, the stakes go well beyond the criminal charge itself — your firearm rights may be on the line. [Contact our office] to discuss whether deferred disposition under Virginia Code § 18.2-57.3 is available in your case and how to protect your rights.

This article is for informational purposes only and does not constitute legal advice. Firearm rights determinations depend on the specific facts of each case, the jurisdiction, and evolving state and federal law. Consult a licensed Virginia criminal defense attorney about your specific situation.

The post Virginia Code § 18.2-57.3: How the Domestic Assault First-Offender Program Affects Your Firearm Rights appeared first on Attorneys of Goff Voltin.

Few criminal charges escalate an ordinary disagreement as quickly as a brandishing charge. What begins as a heated argument, road rage incident, neighborhood dispute, or confrontation at a business can result in an arrest for violating Virginia Code § 18.2-282.

Many people are surprised to learn that you do not have to fire a weapon—or even point it directly at someone—to be charged with brandishing in Virginia.

If you have been accused of brandishing a firearm, understanding the law is the first step toward protecting your rights.

What Is Brandishing Under Virginia Law?

Virginia Code § 18.2-282 makes it unlawful to point, hold, or brandish a firearm, air-powered weapon, or an object that appears to be a firearm in a manner that reasonably induces fear in another person. The statute also prohibits holding a firearm in a public place in a manner that would reasonably cause another person to fear being shot or injured. The law specifically recognizes an exception for individuals acting in excusable or justifiable self-defense.

Notice what the statute does not require:

• The firearm does not have to be loaded.
• The firearm does not have to be fired.
• The firearm does not even have to be capable of firing if it reasonably appears to be a real firearm.
• The alleged victim does not have to suffer a physical injury.

Instead, prosecutors generally focus on whether your conduct would have caused a reasonable person to fear immediate harm.

What Must the Commonwealth Prove?

To obtain a conviction, the Commonwealth generally must establish that:

• You pointed, held, or brandished a firearm or qualifying object;
• Your actions occurred in a manner that would reasonably induce fear in another person; and
• Your conduct was not justified by lawful self-defense.

The key phrase is “reasonably induce fear.”

This is an objective standard. The court does not simply ask whether someone claimed to be afraid. Instead, the judge or jury considers whether a reasonable person under the circumstances would have experienced fear.

Common Situations That Lead to Brandishing Charges

Brandishing cases arise in many different settings, including:

• Road rage incidents
• Parking lot disputes
• Domestic disagreements
• Arguments between neighbors
• Business confrontations
• Hunting disputes
• Self-defense situations where police later question whether force was justified

Often, both parties provide very different versions of what occurred. In many cases, there are no independent witnesses or video evidence, making credibility a critical issue.

Is Brandishing Always a Misdemeanor?

Usually, yes.

A violation of § 18.2-282 is generally charged as a Class 1 misdemeanor, which is the most serious misdemeanor offense in Virginia. A conviction carries potential penalties of:

• Up to 12 months in jail;
• A fine of up to $2,500; or
• Both jail time and a fine.

However, the charge becomes significantly more serious if the alleged offense occurs:

• On elementary, middle, or high school property; or
• Within 1,000 feet of school property.

Under those circumstances, the offense may be prosecuted as a Class 6 felony.

Can Openly Carrying a Firearm Lead to a Brandishing Charge?

Virginia generally permits open carry in many circumstances. However, lawful possession of a firearm does not automatically prevent a brandishing charge.

The issue is not simply whether you possessed the firearm—it is how you displayed or held it.

For example, exposing a firearm during a heated confrontation, reaching for it while threatening someone, or displaying it in a way that would reasonably place another person in fear may result in criminal charges even if you were otherwise legally carrying the weapon.

Self-Defense Is an Important Exception

Virginia law expressly recognizes that the brandishing statute does not apply to someone acting in excusable or justifiable self-defense.

However, claiming self-defense is not enough by itself.

Courts closely examine:

• Who initiated the confrontation;
• Whether there was an immediate threat;
• Whether displaying the firearm was reasonably necessary; and
• Whether the level of force was proportional to the threat.

Because self-defense cases are highly fact-specific, early investigation is often critical.

Possible Defenses to a Brandishing Charge

Every case is different, but common defenses may include:

Self-Defense

You reasonably believed displaying the firearm was necessary to prevent imminent harm.

Lack of Intentional Conduct

The firearm may have been accidentally exposed without any threatening behavior.

No Reasonable Fear

The evidence may show that your actions would not have caused a reasonable person to fear injury.

False Allegations

Brandishing accusations sometimes arise during contentious divorces, custody disputes, neighborhood conflicts, or personal disagreements.

Insufficient Evidence

Many cases depend entirely on conflicting witness testimony. If the Commonwealth cannot prove the charge beyond a reasonable doubt, the case may be dismissed or result in an acquittal.

Why You Should Take a Brandishing Charge Seriously

Even if no one was injured, a brandishing conviction can have lasting consequences, including:

• A permanent criminal record;
• Difficulty obtaining employment;
• Professional licensing issues;
• Immigration consequences for non-citizens; and
• Potential complications involving future firearm ownership or possession.

Because these consequences can extend well beyond the courtroom, it is important to treat the charge seriously from the beginning.

Contact an Experienced Virginia Criminal Defense Attorney

If you have been charged with brandishing a firearm under Virginia Code § 18.2-282, do not assume the case is straightforward. Many brandishing cases turn on witness credibility, surveillance footage, body camera recordings, and whether the display of the firearm was legally justified.

An experienced criminal defense attorney can evaluate the evidence, identify available defenses, negotiate with prosecutors when appropriate, and aggressively advocate for your rights in court.

If you or a loved one is facing a brandishing charge anywhere in Virginia, contact our office today to schedule a confidential consultation. The earlier you involve experienced counsel, the more opportunities there may be to protect your future.

The post Brandishing a Firearm in Virginia appeared first on Attorneys of Goff Voltin.

On July 1, 2026, Virginia will implement some of the most significant changes to its firearm laws in decades. Whether you own firearms for self-defense, hunting, sport shooting, or collecting, it is important to understand how these new laws may affect your rights and responsibilities.

The General Assembly passed a broad package of firearm legislation during the 2026 legislative session, much of which was signed into law by Governor Abigail Spanberger. While supporters argue these measures will reduce gun violence, opponents contend they raise serious constitutional concerns and are likely to face legal challenges.

Here’s an overview of the most significant changes.

Future Sale of Certain Semi-Automatic Firearms

Perhaps the most widely discussed change is Virginia’s new restrictions on the future sale and transfer of certain semi-automatic firearms, commonly referred to as “assault firearms.”

Beginning July 1, 2026:

• The future manufacture, sale, importation, and transfer of certain semi-automatic firearms is prohibited.
• Existing owners who lawfully possessed these firearms before July 1, 2026, are generally permitted to keep them.
• Certain transfers to immediate family members remain permissible under the law.

This law does not require current owners to surrender firearms they already legally possess, but it significantly limits future commercial sales.

The post Virginia’s New Firearm Laws (2026): What Gun Owners Need to Know appeared first on Attorneys of Goff Voltin.