RICHMOND, VA — The Virginia Senate Courts of Justice Committee has advanced a sweeping substitute version of Senate Bill 749, which mandates the confiscation of standard capacity firearm magazines and imposes new restrictions on commonly owned semi-automatic firearms.
Under the proposed legislation, the importation, sale, transfer, or possession of any magazine capable of holding more than 10 rounds—defined as a “large capacity ammunition feeding device”—would become a Class 1 misdemeanor. The bill offers no grandfather clause, requiring Virginians to either surrender, destroy, or transfer their legally owned standard magazines or face criminal charges punishable by up to one year in jail and a $2,500 fine.
The legislation also prohibits the sale or transfer of most semi-automatic rifles, pistols, and shotguns classified as “assault firearms” under the newly revised definition in § 18.2-308.2:2. These include firearms with features like detachable magazines, telescoping stocks, or threaded barrels. Limited exceptions are included for sales to dealers, out-of-state transfers, and inheritance.
The vague language targeting magazines “readily restored or converted” to hold more than 10 rounds could criminalize even those equipped with compliance devices, such as removable blocks. According to a 2024 report from the National Shooting Sports Foundation, over 717 million magazines with capacities exceeding 10 rounds have entered the commercial market since 1990—making them standard for millions of law-abiding Americans.
The bill also amends the concealed carry permit disqualifications, expands mandatory background checks for private sales, and mandates the destruction of surrendered firearms unless certain auction conditions are met.
Second Amendment advocates and industry groups, including the NRA, contend that SB749 violates the U.S. and Virginia Constitutions. In District of Columbia v. Heller (2008), the Supreme Court ruled that firearms and accessories “in common use” are protected. And in New York State Rifle & Pistol Association v. Bruen (2022), the Court emphasized that the government must justify firearm restrictions through historical precedent, which opponents argue this bill lacks.
Former Attorney General Jason Miyares previously warned that such bans infringe on Virginians’ constitutional rights, noting that standard capacity magazines are not only common but expected for citizens prepared to defend themselves or serve in a militia capacity.
Research from the U.S. Department of Justice and RAND Corporation has repeatedly shown no conclusive link between bans on so-called “high-capacity” magazines and reductions in violent crime or mass shooting casualties.
If passed into law, SB749 would effectively criminalize the possession of magazines currently used by the majority of Virginia gun owners, with no compensation or recourse for retention.
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