05/02/2026
Virginia Advances Magazine Ban Bill. What Gun Owners Should Know.
Virginia's Senate Courts of Justice Committee advanced Senate Bill 749 on January 26, 2026, on a party-line 9-5 vote.
The bill still needs to pass the Senate Finance and Appropriations Committee, both chambers, and receive the governor's signature before becoming law.
Here's what the current version does:
- Bans importation, sale, manufacture, purchase, and transfer of magazines over 10 rounds
- The amended version does NOT grandfather magazines already owned by current owners
- Possession of any magazine over 10 rounds would be a Class 1 misdemeanor, punishable by up to one year in jail
- A conviction would also trigger a 3-year ban on possessing any firearm
- Fi****ms manufactured before July 1, 2026 would be exempt, but magazines would not receive this protection
Bill sponsor Sen. Saddam Salim (D-Fairfax) stated the bill has a better chance this year: "We now have someone in the governor's office who is willing to sign that bill."
NRA-ILA Executive Director John Commerford responded: "We will see you in court."
Former Virginia Attorney General Jason Miyares called the proposal unconstitutional.
Where the courts stand:
The Supreme Court's 2022 Bruen decision requires gun regulations to align with historical tradition. Lower courts have been wrestling with how this applies to magazine restrictions.
The 9th Circuit upheld California's similar ban in March 2025 in a divided 7-4 decision. The majority ruled magazines are accessories, not "arms" protected by the Second Amendment.
Dissenting judges sharply criticized the ruling. Judge Lawrence VanDyke called it "terribly unprincipled."
A petition asking the Supreme Court to review California's ban (Duncan v. Bonta) was filed in August 2025. Twenty-seven states filed a brief urging the Court to strike it down.
The Supreme Court has not yet ruled directly on magazine capacity limits.
What do you think?
Should state legislatures decide magazine limits? Or should the Supreme Court settle this question?
