Estimated reading time: 3 minutes
Virginia lawmakers just advanced one of the most aggressive “assault weapon” bills in recent memory, and as Colion Noir points out, the danger isn’t in what Senate Bill 749 claims to target. It’s in what it actually criminalizes.
SB 749 doesn’t focus on violent crime. It doesn’t hinge on how a firearm is used. Instead, it zeroes in on possession, redefining a broad category of commonly owned firearms and magazines as illegal based largely on cosmetic features.
AR-15–style rifles, certain pistols and shotguns, and magazines holding more than ten rounds are all swept into the bill’s reach.
And that distinction matters.
Under the bill’s language, two firearms that function identically can be treated completely differently under the law simply because one has a listed feature and the other doesn’t. That’s not a functional standard. It’s an appearance test.
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As Noir notes, this is how bans move forward without lawmakers having to explain why a grip, a stock, or a barrel shroud suddenly turns a legal firearm into a public safety threat.
Supporters lean heavily on the familiar “weapons of war” framing, comparing civilian-owned rifles to military hardware. But as Noir points out, that comparison collapses under even light scrutiny. An AR-15 is not a select-fire military rifle, and the lethality argument doesn’t change based on aesthetics. The rhetoric may be emotionally effective, but it’s technically thin.
Where the bill really escalates is with a committee substitute that removes grandfathering protections. That means Virginians who legally purchased standard-capacity magazines (or firearms that were perfectly lawful at the time) could become criminals overnight without doing anything new. No misuse. No violent act. Just ownership.
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Even supporters of the legislation acknowledge the obvious: criminals aren’t the ones who will comply. Criminals don’t care about feature lists or magazine limits. The people who do care are the ones trying to follow the law, and SB 749 expands the definition of “criminal” to include them.
That reality is underscored by what lawmakers didn’t advance. A proposal to increase penalties for the criminal use or display of firearms during felonies was rejected. In other words, the legislature declined to get tougher on actual violent misuse while simultaneously broadening penalties for possession, transport, and ownership.
SB 749 doesn’t just ban sales. It criminalizes importing, manufacturing, buying, owning, or transporting covered firearms. That’s not a misuse statute; it’s an existence clause. Touch it, move it, or already have it, and you’re on the wrong side of the law.
As Noir frames it, Virginia isn’t necessarily the end goal. It’s the test case. Redefine what’s “normal,” criminalize possession, label it safety, and see what sticks. If it works once, the idea travels.
And that’s the part gun owners nationwide are watching closely.
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is a seasoned outdoorsman, lifelong hunter, and the kind of guy who’d rather track whitetails than scroll social media. As an editor for GunsAmerica, he’s got a sharp eye for spotting both solid gear and bad gun laws. Whether he’s deep in the woods or deep in editorial deadlines, Larry brings a no-nonsense, tell-it-like-it-is approach to firearms, hunting, and the great American tradition of self-reliance. If there’s a hot debate on gun rights or the latest in hunting tech, you can bet Larry’s got an opinion—and it’s probably backed up with both facts and field experience.
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i want to pres. trump, a.g. bondi and asst a.g. for civil rights dhillon bring a vigorous, preemptive, pro2a, defense into play now, but i am hearing crickets. if team trump declines to go on the pro2a offensive in virginia then we know where their true loyalties lie.
As long as the NFA and the GCA are allowed to stand then
the Communist Progressive Criminal trash will continue to try to destroy the 2nd Amendment!
Time to activate the militia clause of the 2nd Amendment and start taking our country back from those Anti-American criminals!
PROVE ME WRONG!
The communists are at least consistent in their hatred of our rights. Just wait till they figure out how to confiscate property because “they just want it.”
they already can it is called immanent domain, it has been used many times to confiscate property.
Democrats are obsessed with firearm appearances. This mirror paranoia from California. These leftists lose in court on this garbage and come back with the same over and over. Democrats are obviously mentally ill. This country would be so nice with out them.
Just become a criminal. They are the ones who get all the breaks in blue states anyway, as they are a favored class of “constituents” to liberal politicians. They can’t come after everybody that owns what they want to ban. They can’t even control what criminals have, let alone millions of law-abiding citizens.
They did the same crap in California some years ago when I lived there. You could buy a weapon and magazines legally, then a few years later declare you a criminal for owning the exact same thing. It gets to the point where you can’t even figure out what’s legal anymore. Shameful to make good citizens feel like criminals.
This is identical to the Protect ILL-annoy Communists Act (PICA). The target in ILL-annoy, like Virginia, was the law-abiding citizen, not the violent criminal. The biggest difference is that ILL-annoy went even further to protect violent criminals by eliminating cash bail.
This is identical to the Protect ILL-annoy Communists Act (PICA). The target was the law-abiding citizen, not the violent criminal. The biggest difference is that ILL-annoy went even further to protect violent criminals by eliminating cash bail.
The problem is +20 states are always trying to bend the laws to weaken the Constitution and using our money to fight us on it. To them, this is a war of attrition. We need SCOTUS to come out hard line that any law that is not completely following the second amendment is automatically unconstitutional. Maybe a Federal law that any lawmaker that puts a bill forward that is in opposition to any of the Bill of Rights may not hold any public office.
The AR15 does not mimic the M4, the M4 is a decendant of the AR, which was a civilian rifle before the military noticed it and had a full auto version made.
The AR15 is still semi-auto and was and should continue to be legal. What’s next? The military uses ball-point pens, and probably do more damage with them than M4s. And so can civilians who use them for illegal activity!
Unfortunately, this isn’t a Test Case- Illinois already was & we are now seeing similar legislation being proposed elsewhere. I wouldn’t have thought that this would ever have gotten traction in the Commonwealth of Virginia. This should serve as a wake-up call for all!
Follow the link in the first paragraph and read up on what all they’re trying to pass. And just so you know, some of the bills I agree with but They’re trying to pass all these bills into law mentioned in this article and yet the one Bill they rejected was increasing the minimum prison time for repeat offenders, senate bill 78. The one law that makes the most sense and to make people think twice before recidivism… Was shot down. Virginia must be filled with retards because It doesn’t get any dumber than that!
This sounds even worse than what Illinois has. I wanted to put a Hogue stock with a thumbhole on a 10/22 and no Illinois dealer could sell me one. Apparently Democrats use the argument that we should not be able to have things which in their diseased minds increase accuracy. Whether or not a thumbhole can do this, I am not sure, but how a .22 with a thumbhole should be pretty low on anyone’s list of concerns.
High on my list is illegal full auto weapons possessed by criminals. Chicago last year supposedly seized over 250 full autos yet we have seen any prosecutions. That crime has a mandatory ten year sentence but it’s federal. Communist filth will not help the feds remove illegal criminals or prosecute serious felonies in their own city. Another question is, do Virginians even understand they elected an actual communist to be their governor?
but but she is pretty….
and I agree with you on the 10/22, try to buy a t hole stock for one from Boyds.
Well, I find their treason against the Constitution unacceptable. “Shall not be infringed”, is the supreme law as confirmed by the SCOTUS and no stats to support this infringement as they let the criminals/illegals run amuck… The intent is clear, total control.
What we need is a federal law protecting the 2nd Amendment which would make it illegal to for any member of a legal body (state legislature, county commission, city commission, etc.) to formally propose a law to said legal body which would violate the 2nd Amendment, and would be enforced on that member, any cosponsoring members, and any members who vote in favor of said proposal. Basically a nationwide preemption law with teeth.
When they come for your guns give-em the bullets first
One at a time!
State and local laws don’t trump the constitution. If they come for your guns treat them as a hostile threat and defend your self
What happened to Virginia? The folks were voting sensibly just a few years ago. Send Judicial Watch to Virginia! It looks like the dems are cheating again! Stay safe and patriotic. j
It is called an election and unfortunately it went the wrong way. Virginia is home to the DC scum and they wanted to vote for an attractive blonde instead of a black female veteran. Politics is apparently a popularity contest based on looks, not issues. Then again she came off as a moderate and shocker…… she lied.
And if it was the other way around you can be sure they’d be screaming RACISM!
This absolutely shows that they don’t give a schiff about crime! They all have armed security! They are important and you’re not! Add that to the lawlessness against ICE going on!! They are protecting the illegal criminal aliens and mention nothing of the victims of their crimes!!! Add that to the massive fraud they are committing in blue states against the American taxpayers/ citizens! They are not anti-crime! They are not America first!! They are communists!! Wake up before it’s too late!! God bless America 🇺🇸 and our president! Semper fi! It’s ALL about power and control! By rich unelected people!
I agree with all the posts about this bill. But we have to remember this is what a majority of the voters voted for when they put the Democrats in charge of the governors office and the state legislature, and espicially the state Attorney Generals office. Let this be a warning to other gun owners in other states. Not only to gun owners but voters in general…..
The law makers in VA have no idea what they are trying to do. Our Second Amendment reads ( shall not be infringed) They overlook that part.
Socialism on the move !!!!
they just broke their oath of office because they swore to uphold the constitution and defend it and the 2 amendment is in
the constitution. and they just broke the constitutional law by coming against the constitution. George Washington 1776,
a well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall
not be infringed.
Plain and simple this bill is about disarmament that is all…
Time for WE WILL NOT COMPLY and a march on Richmond!!!
State Rep Dan Helmer, who has been pushing this for years, is a West Point grad and served overseas combat tours. He is using his veteran “no one should own these gunz” creds to go full Bolshevik. IMHO as a veteran, his is just another Benedict Arnold.
He is also trying to destroy the alma mater of General George C . Marshall, the Virginia Military Institute. Speaks volumes.
I live in GA i hope the government tries to take it ar15