(The Center Square) – Legislation that would restrict the future sale, purchase and transfer of certain assault firearms and large-capacity ammunition feeding devices has passed the House of Delegates in Virginia.
House Bill 217, sponsored by Del. Dan Helmer, D-Fairfax, would make it a Class 1 misdemeanor to import, sell, manufacture, purchase or transfer assault firearms as defined in the bill. Firearms and magazines lawfully owned or manufactured before July 1 could continue to be possessed, but most future transfers would be prohibited under the legislation.
During floor debate, Republican lawmakers raised concerns about how current owners could legally dispose of grandfathered firearms without triggering criminal penalties.
Del. Wren Williams, R-Patrick, questioned whether lawful owners could sell grandfathered firearms under the bill. Helmer responded that the bill text governed transfers and encouraged members to read the legislation.
Williams later questioned the bill’s language leaving owners with limited options, such as surrendering firearms to the government, transferring them to immediate family members or passing them through inheritance. He said common practices such as private sales, dealer purchases or buyback programs could expose individuals or organizers to misdemeanor charges under the bill’s restrictions.
Other lawmakers raised questions about how the bill would be enforced and whether it could withstand court scrutiny.
House Minority Leader Terry Kilgore, R-Scott, warned during floor debate that the proposal could face legal challenges under recent U.S. Supreme Court rulings, including the Bruen decision, which requires firearm regulations to be consistent with the nation’s historical tradition of gun regulation.
Lawmakers also pointed to cost and equity concerns raised during debate on related gun legislation considered alongside HB217.
Del. Eric Zehr, R-Campbell, said criminal penalties tied to firearm storage requirements in HB871 could disproportionately affect lower-income households that cannot afford biometric safes, potentially exposing parents to misdemeanor convictions for noncompliance.
A fiscal impact statement from the Virginia Criminal Sentencing Commission estimates at least $50,000 in additional state correctional costs but notes the overall impact on state prisons, local jails, community corrections and juvenile facilities cannot be determined due to limited data. The analysis also indicates the bill could expand the applicability of existing felony offenses related to firearm transfers and record-check violations.
In a statement released after House passage, Helmer said weapons similar to those he carried during military service “have no place in our schools, our churches or our streets.”
The House vote comes as the Senate advances a companion measure, Senate Bill 749, sponsored by Sen. Saddam Salim, D-Fairfax. His proposal has cleared committee and was read a second time in the upper chamber.
If both chambers approve matching legislation, the proposal would be sent to the governor for final action.
