WE OPPOSE SB 749 AND HB 217

THIS DIRECT ATTACK ON LAWFUL GUN

OWNERSHIP MUST BE STOPPED

Earth Future Action opposes Virginia's so-called assault weapons ban because we believe it is a misguided and ineffective law that places new restrictions on law-abiding citizens while doing little to address the underlying causes of violent crime. We believe describing SB 749 and HB 217 as a "fake ban" is appropriate because, rather than banning military-style automatic firearms, which have long been heavily restricted under federal law, these measures primarily regulate the future sale and transfer of many commonly owned semi-automatic firearms while allowing existing firearms to remain in private hands. In our view, these laws create the illusion of meaningful action while raising serious constitutional concerns, placing new burdens on responsible firearm owners, and diverting attention from policies that more directly address criminal violence.

CURRENT UPDATE

Virginia's assault weapons restrictions continue to face significant constitutional challenges in both state and federal court. Recent legal developments have reinforced that the future of SB 749 and HB 217 remains uncertain, with multiple lawsuits questioning whether the laws are consistent with the Second Amendment. Because similar constitutional issues are being litigated across the country, future court decisions could have implications that extend well beyond Virginia.

SUPPORT THOSE FIGHTING VIRGINIA'S ASSAULT WEAPONS BAN

Several organizations continue to challenge Virginia's assault weapons restrictions through litigation, legal advocacy, public education, and legislative action. If you believe these laws violate the Second Amendment, consider supporting the organizations leading these legal efforts.

Gun Owners of America (GOA) – Legal advocacy, public education, and constitutional litigation.

National Rifle Association (NRA) – Litigation, legislative advocacy, and Second Amendment education.

Second Amendment Foundation (SAF) – Constitutional lawsuits and legal research defending firearm rights.

Virginia Citizens Defense League (VCDL) – Virginia-based grassroots advocacy, legal challenges, and legislative action.

MAJOR COURT CASES

Santolla v. Katz – Constitutional challenge to Virginia's assault weapons restrictions. (NRA Article)

United States v. Commonwealth of Virginia – U.S. Department of Justice lawsuit challenging portions of Virginia's firearms laws on constitutional grounds. (DOJ Article)

Virginia Supreme Court Appeals – Ongoing state court litigation involving challenges to SB 749 and HB 217.

Viramontes v. Cook County – A separate challenge to Illinois' assault weapons ban that could influence how courts evaluate similar laws nationwide.

The article below explains why Earth Future Action opposes SB 749 and HB 217, examines the constitutional and public policy issues surrounding these laws, and discusses the ongoing legal challenges that could ultimately determine their future.

WHY AN ASSAULT WEAPONS BAN IS ULTIMATELY INEFFECTIVE

Let's address the push for an assault weapons ban. Military style assault weapons already are illegal.

Despite that fact, there are many opinions about what an assault weapon actually is, and whether they should or should not be legal. While the term is sometimes conflated with "assault rifle," a legal assault weapon is a semi-automatic firearm with a detachable magazine and pistol grip. It is not an automatic weapon (like what is used in the military). It does not refer to machine guns. A semi-automatic firearm fires one bullet from the chamber at a time (just like with a handgun).

There are many law abiding Virginia citizens who are members of the military who own semi-automatic weapons and they would be totally opposed to an assault weapons ban.

Yet would banning assault weapons really result in less crime? The truth is that America has already been down this road before. Between 1994 and 2004, the assault weapons ban did little to change the statistics on gun violence. In fact, before the ban was activated, rifles with military style features were only responsible for two percent of gun crimes nationwide (New York Times). During the ban, the number of assault weapons recovered by local police lowered to one percent, from the previous two percent. So really, there wasn't much of a difference being made.

The other fact is that 'big scary semi-automatic weapons' don't kill the majority of the Americans being killed with guns each year. According to Gun Violence Archive (GVA), a majority of the 38,806 gun deaths that occurred in 2025 were suicides (6 out of 10 gun deaths were suicides). There has been a decline in the level of gun deaths in recent years. In 2025, gun deaths were at their lowest level since 2015. When looking at gun-related murders alone, the rate of 14,000 in 2025 was far below 1993, when there were 24,500 gun homicides – and when overall violent crime levels in the U.S. were much higher than they are today. In 2025, a majority of the gun murders in the United States were caused by handguns. Handguns caused 46% of the gun murders according to this data.

What about mass shootings? It is true that the incidents of mass shootings have become more common in the United States in recent years. While the definitions vary depending on the source, after peaking in 2021, mass shootings have decreased for several consecutive years. Notably, in 2025, there were 407 mass shootings, the lowest number since 2019. This decline is part of a larger trend, as overall gun violence and homicides have also begun to "break" and trend downward from pandemic-era spikes. Nevertheless, despite the recent drop, mass shootings remain much more frequent than they were a decade ago. For example, the 408 incidents in 2025 still represent a drastic increase compared to the 272 incidents recorded in 2014. Additionally, the FBI, which uses a stricter "active shooter" definition, recently recorded a major drop, with only 24 incidents in 2024—a 50% decrease from 2023. However, the average number of these incidents has still nearly quadrupled since the early 2000s. Also, as mentioned above, it would be entirely possible for these shooters to obtain their weapons illegally (given the mass amount of semi-automatic weapons on American streets).

The other fact is that homicides have actually declined over the last two decades (Pew Research Center), but according to a Pew survey conducted after the Sandy Hook shooting, a little over half of Americans wrongly believe that gun crime is higher today than it was 20 years ago. So it is time that people are made aware of the facts.

Recent developments in Virginia also illustrate how assault weapons bans can produce unintended consequences. Following legal challenges that delayed enforcement of SB 749, many Virginians reportedly rushed to purchase firearms and magazines that could soon become restricted if the law ultimately takes effect. Rather than immediately reducing the number of these firearms in circulation, the uncertainty surrounding the ban appears to have temporarily increased demand.

The legal battle over SB 749 and HB 217 also remains far from settled. Multiple lawsuits challenging the laws have been filed in both state and federal court, including actions brought by gun-rights organizations such as the National Rifle Association, Gun Owners of America, the Second Amendment Foundation, and the Virginia Citizens Defense League. The U.S. Department of Justice has also challenged Virginia's law on constitutional grounds. Judges have issued injunctions temporarily preventing enforcement while the cases proceed, and the issue may ultimately be decided by the U.S. Supreme Court, which is expected to rule on the constitutionality of similar assault weapons bans. If these laws are ultimately struck down, the recent surge in firearm purchases may further illustrate how prolonged legal uncertainty can undermine the intended goals of such legislation.

Also, the assault weapons "ban" wouldn't be much of a ban at all because there would still be tens of millions of guns and magazines on American streets. Nobody knows the real number for sure. But rifle sales have skyrocketed. Counting rifles made and distributed in the U.S. only (in other words, not counting imports), the number has increased from 1.6 million in 2007 to 4.2 million in 2016. During that time, the AR-15 has been among the most popular rifles sold in the U.S. (National Review). In other words, even if the ban were enacted, a person who wanted to find an AR-15 illegally could do so, along with a large-capacity magazine. So the only thing a weapons ban would really accomplish is preventing law-abiding citizens from accessing assault weapons and large-capacity magazines. At the same time, criminals would continue to buy these things with impunity.

The reality is that the issue of gun violence will not be tackled by a ban on assault weapons. Just like in the 1990's and early 2000's, this will make little difference.

David M. Kennedy (the director of the Center for Crime Prevention and Control at the John Jay College of Criminal Justice) has made the argument that poverty is a major cause of gun violence. He also says, a closer look at the social networks of neighborhoods most afflicted, often show that only a small number of men drive most of the violence. Identify these men, change their behavior, and it’s possible to have an immediate impact (New York Times).

Another issue is that of the deinstitutionalization of the mentally ill, and the over prescribing of pharmaceutical drugs. In 2012, at least 35 school shootings or school related acts of violence were committed by those taking or withdrawing from a psychiatric drug. (Al Jazeera).

In the fight against gun violence, a good place to start would be taking measures to fight poverty, and to bring opportunities for education and employment into impoverished areas. Another measure would be to take a good look at the mental health industry, and to see if America truly is doing what it can to treat the mentally ill. That would be a start. But despite all the fear mongering of the media, the assault weapons 'boogie man' only plays a very small role in the overall violence, and banning these weapons would do little, next to nothing, in solving the problem.

What these Bills do.

SB 749:
This bill focuses on restricting “assault firearms” and large-capacity ammunition magazines in Virginia. It prohibits the manufacture, sale, purchase, transfer, or importation of firearms classified as assault firearms, using a feature-based definition that covers many semi-automatic rifles, pistols, and shotguns with detachable magazines or certain tactical features. The bill also restricts large-capacity magazines above a specified round limit and creates criminal penalties (generally a Class 1 misdemeanor) for violations. Firearms legally owned before the law takes effect may be grandfathered, but the bill primarily aims to stop future sales and distribution of these weapons in the state.

HB 217:
This bill also targets “assault firearms” but includes a wider package of restrictions on their sale, manufacture, purchase, and transfer in Virginia. It establishes a definition for assault firearms similar to SB749 and restricts high-capacity magazines, while also adding provisions such as age restrictions on purchasing certain semi-automatic firearms (generally prohibiting sales to people under 21). The bill sets July 1, 2026, as a key implementation date for many provisions and allows some grandfathering for firearms manufactured or owned before the law takes effect, while primarily focusing on preventing new sales and transfers going forward.

Senate Bill 749

SB749 Vote: 2026 Regular Session

House Bill 217

HB217 Vote: 2026 Regular Session

Contact Your Local Virginia Legislator

Virginia Carry Information

Gun Owners of America

National Rifle Association

Virginia Citizens Defense League

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