Every July 1st, Virginia’s new laws take effect, and 2026 brought some of the most significant changes to traffic, firearms, and criminal law in years. Most of these laws are now in effect. One major exception: the new assault firearms ban was blocked by two circuit courts in the final week of June, creating a confusing enforcement patchwork we explain below. If you drive in Virginia, own a firearm, or have any pending legal matter, these updates could directly affect you. Here’s what changed, what got blocked, and what it means for your rights.
In this update:
- Intelligent Speed Assistance (ISA) for reckless driving
- Virginia’s assault firearms ban – SB 749 (blocked by court injunctions)
- Magazine capacity limits (also blocked)
- Firearm storage requirements
- Expanded “sensitive places” where guns are prohibited
- Domestic violence & firearm prohibition expansion
- Pre-release ID documents for prisoners
- Virginia Clean Slate Act – sealing of records
- Marijuana resentencing relief
- Pretrial release reform – unsecured bonds for felony defendants
Last updated July 4, 2026. The firearms provisions discussed below are the subject of active litigation, and their enforcement status may change. This article is general information, not legal advice.
TRAFFIC LAW
1. Intelligent Speed Assistance (ISA) program for reckless driving
Virginia made history with this change. As of July 1, 2026, Virginia is the first state in the nation to authorize GPS-based speed-limiting devices, known as Intelligent Speed Assistance (ISA) systems, for certain reckless driving convictions. This law is now in effect.
What’s changing
Under the ISA program (created by House Bill 2096) Courts may order installation of an ISA device as an alternative to, or in addition to, license suspension or incarceration for drivers convicted of reckless driving, as well as repeat speeding offenders and convictions for reckless driving too fast for conditions or racing. The device uses GPS to actively prevent the vehicle from exceeding posted speed limits. Tampering with or bypassing the device is a Class 1 misdemeanor. The program is monitored by Virginia’s Alcohol Safety Action Program (ASAP), the same agency that oversees DUI ignition interlock devices.
In effect as of July 1, 2026 | Monitored by ASAP | Alternative to license suspension | Tampering is a Class 1 misdemeanor
What it means in practice
If you’re convicted of certain driving offenses in Virginia, a judge can now order you to install a GPS-based device in your car that physically prevents you from speeding, instead of or on top of suspending your license or sending you to jail. The device connects to your vehicle’s systems and won’t let you exceed the posted speed limit, no matter how hard you press the gas. It applies to all of your vehicles too, not just the one you were driving when caught.
Bottom line: a reckless driving charge now carries the very real possibility of a court-mandated speed governor on every car you own, which makes fighting the charge before conviction more important than ever. The law raises serious questions around privacy rights, Fourth Amendment protections, and how courts will exercise their discretion. The difference between an ISA device, a license suspension, and incarceration matters enormously, and the right defense strategy depends on your specific record and circumstances.
FIREARMS LAW
2. Virginia’s assault firearms ban (Senate Bill 749) has been blocked by court injunctions
Governor Abigail Spanberger signed SB 749 on May 14, 2026, banning the sale, purchase, transfer, import, and manufacture of defined “assault firearms” effective July 1st. But in the final week of June, two Virginia circuit courts issued preliminary injunctions blocking enforcement before the law ever took effect. As of this writing, the law is technically on the books but largely unenforceable, and the Attorney General is appealing. This is one of the most confusing legal situations Virginia gun owners have faced in decades.
What’s changing
SB 749 — Assault firearms ban (enforcement currently enjoined) SB 749 makes it a Class 1 misdemeanor (up to 12 months in jail and a $2,500 fine) to buy, sell, transfer, import, or manufacture a defined “assault firearm.” Firearms lawfully owned before July 1, 2026 are grandfathered, though owners face restrictions on sale and transfer going forward, and persons under 21 cannot possess assault firearms even if grandfathered. A conviction also triggers a 3-year prohibition on purchasing, possessing, or transporting any firearm. However: on June 25, a Lancaster County judge (Crump v. Katz) enjoined the Virginia State Police from enforcing the ban statewide through at least December 31, 2026, and on June 29, a Washington County judge (Santolla v. Katz) issued a statewide preliminary injunction running until July 1, 2027 or a final order, which also binds Commonwealth’s Attorneys in Washington County, Chesapeake, York, Frederick, Giles, and Chesterfield. A Spotsylvania County judge denied a separate injunction request on June 18, and a Fauquier County request is still pending. The Attorney General is appealing both injunctions and seeking stays, and the U.S. Department of Justice filed its own federal lawsuit against the ban on July 1.
Class 1 misdemeanor | 3-year firearm ban on conviction | Enforcement enjoined by two courts | AG appealing
What it means in practice
Here is the honest answer: nobody can tell you with certainty what happens if you buy or sell a covered firearm in Virginia today. The Attorney General’s office has stated that the law “remains in force” as of July 1, but that the Virginia State Police will not enforce it statewide while the Lancaster County injunction stands. Critically, the injunctions only bind the parties named in those lawsuits. Local police departments and Commonwealth’s Attorneys who were not named defendants are not technically restrained, which means enforcement could vary from one county to the next. Some gun dealers have voluntarily stopped selling covered items rather than risk their licenses; others are selling while the injunctions hold. If the Attorney General wins a stay on appeal, the ban could snap back into full effect on short notice. If you own affected firearms, are considering buying or selling one, or run a business that deals in them, this is exactly the situation where a consultation before you act is worth far more than a defense after a charge. And remember the stakes: a conviction doesn’t just affect assault firearms; anyone convicted is prohibited from possessing any firearm for three years.
FIREARMS LAW
3. Magazine capacity limits also blocked
The same law bans the sale, purchase, and transfer of any magazine that holds more than 15 rounds. Because the magazine restrictions are part of SB 749, they are covered by the same preliminary injunctions blocking the assault firearms ban, and their enforcement status is equally uncertain.
What’s changing
High-capacity magazine ban (15+ rounds) enforcement is currently enjoined; SB 749 prohibits the sale, purchase, and transfer of magazines capable of holding more than 15 rounds. Magazines lawfully possessed before July 1, 2026 are grandfathered for personal possession, but commercial transfer is prohibited going forward. The Lancaster County and Washington County injunctions described above also block enforcement of the magazine restrictions while the litigation proceeds.
15-round limit on new purchases | Grandfathered for existing owners | Enforcement enjoined | Status may change on appeal
What it means in practice
Under the law as written, if you buy a handgun or rifle that comes with a 17- or 30-round magazine, both the seller and the buyer could be committing a crime. Magazines owned before July 1st are legal to keep, but you cannot sell them, give them to a friend, or bring new ones in from another state. Right now, those restrictions are not being enforced by the State Police because of the injunctions, but the law itself was not erased, and the “I didn’t know” defense rarely works once a law is on the books. For gun owners and dealers alike, the smart move is to document what you owned before July 1 (dated receipts and 4473s), audit your inventory now, and treat any purchase or transfer of covered magazines during the injunction period as a decision worth running past an attorney first.
FIREARMS LAW
4. Firearm storage requirements
Virginia’s new storage laws represent a shift from best practices to potential criminal liability. Several bills that took effect July 1st tighten expectations for how firearms must be secured, especially in households with children or individuals legally prohibited from possessing firearms.
What’s changing
Mandatory safe storage and criminal liability. Failure to properly secure a firearm can now carry criminal consequences depending on the circumstances and is no longer just a civil or insurance matter. Households with minors or prohibited persons face heightened obligations. Leaving a firearm visible or accessible in a vehicle may also trigger liability under related new rules.
In effect July 1, 2026 | Criminal penalties possible
What it means in practice
Virginia has gone from recommending safe storage to requiring it, and getting it wrong can now result in criminal charges, not just a stern warning. If you have children in your home, or anyone who is legally prohibited from possessing a firearm (such as a felon or someone with a domestic violence conviction), you are now legally obligated to keep your firearms secured in a way that prevents access. Leaving a loaded gun on a nightstand, in an unlocked drawer, or in an unsecured vehicle could expose you to criminal liability if a prohibited person or a child gets to it. Think of it this way: the law has shifted from “you should lock up your guns” to “if you don’t and something goes wrong, you may be charged.”
FIREARMS LAW
5. Expanded “sensitive places” where you cannot carry a firearm
The 2026 session expanded the list of locations where firearms are prohibited, including new vehicle rules. But this area got more complicated in the final days of June: budget language delayed the new statewide ban on openly carrying certain assault-style weapons in public places until July 1, 2027, and the Lancaster County injunction reportedly affects some of SB 749’s public carry restrictions as well. If you carry, knowing where you legally cannot is now genuinely difficult without checking current status.
What’s changing
New prohibited carry locations partially delayed. The 2026 package expands the list of “sensitive places” where firearms are prohibited and adds new vehicle rules affecting how firearms may be stored or transported in cars. However, the statewide ban on open carry of certain assault-style weapons in public places (streets, sidewalks, parks, and other public property) has been postponed by budget language until July 1, 2027, and some carry-related provisions of SB 749 are covered by the pending injunctions. Other sensitive-places changes took effect July 1, 2026 as scheduled.
Some provisions in effect July 1, 2026 | Assault-weapon open carry ban delayed to July 1, 2027 | CHP holders affected
What it means in practice
Even with a valid concealed handgun permit (CHP), there are now more places where your permit simply doesn’t apply, and walking in with a firearm is a crime. The vehicle rules are especially important: leaving a firearm visible in your car in certain circumstances may now be a violation where it wasn’t before. At the same time, the piece of this package that drew the most attention, the public open-carry ban on assault-style weapons, is not in effect this year at all. That combination of “some rules started July 1st, some are delayed a year, some are enjoined” is a trap for even careful gun owners. If you regularly carry, don’t rely on last year’s understanding or on secondhand summaries. Review the current rules or ask an attorney before you assume a location or storage practice is still legal.
FIREARMS LAW | CRIMINAL LAW
6. Domestic violence & firearm prohibition expansion
Virginia has expanded the list of domestic violence-related convictions that bar a person from owning or possessing firearms, closing the so-called “intimate partner loophole.” This change took effect July 1, 2026, through House Bill 19.
What’s changing
Virginia expanded the categories of domestic violence offenses that result in a firearm prohibition. Previously, some misdemeanor domestic violence offenses, particularly those involving dating partners rather than spouses, didn’t trigger a prohibition. That gap is now closed through HB 19’s inclusion of intimate partner’s into the Code. Convictions as of July 1, 2026, may now qualify as disqualifying offenses.
In effect July 1, 2026 | Expands prohibited persons | Affects background checks & transfers
What it means in practice
If you or someone in your household has a domestic violence conviction, even if it doesn’t involve a spouse or co-habiting romantic partner, it may now qualify as a disqualifying offense under Virginia law. That means possessing a firearm you’ve owned for years could have become illegal as of July 1st, and you wouldn’t necessarily receive any notice that your status changed. If there’s any doubt about whether a past conviction affects your gun rights, a consultation with an attorney is strongly advisable before it becomes a felony firearm charge.
CRIMINAL JUSTICE REFORM
7. Pre-release ID documents for incarcerated individuals
Before this law, people leaving Virginia prisons often walked out with no identification: no birth certificate, no Social Security card, no state ID. That made it nearly impossible to get a job, rent an apartment, or access services. As of July 1st, that changes thanks to House Bill 2221.
What’s changing
Mandatory ID provision before release; for any prisoner confined for at least 90 days, the Department of Corrections, Department of Motor Vehicles, and State Registrar of Vital Records are now required to provide certified copies of their birth certificate, Social Security card, or government-issued ID prior to release.
In effect July 1, 2026 | DOC & DMV required to comply
What it means in practice
This is a meaningful re-entry reform that reduces one of the biggest practical barriers people face after incarceration. Every person incarcerated for at least 90 days must now receive their key identity documents before release. This is a right they can demand, not just request. If you have a family member approaching release who hasn’t been told about their documents, raise it with the facility now rather than at the gate.
RECORD RELIEF
8. Virginia Clean Slate Act and record sealing
For the first time in Virginia history, certain criminal convictions, not just dismissed charges, can be sealed from public view. After multiple delays, the Clean Slate Act took effect July 1, 2026, and it is the biggest criminal justice reform to hit Virginia in decades. More than 100,000 records are expected to be sealed automatically in the initial wave.
What’s changing
The Clean Slate Act, the first-ever sealing of criminal convictions in Virginia (SB 1466 / HB 2723, amending the original HB 2113 / SB 1339). The law creates both automatic sealing (no petition needed) for certain offenses and petition-based sealing for qualifying misdemeanors and non-violent felonies. Sealing covers eligible misdemeanors such as petit larceny, trespassing, and marijuana-related offenses for people who have remained crime-free for the required period (roughly seven years for many automatic categories). Class 5 and 6 felonies such as drug possession or grand larceny may qualify by petition after a 10-year clean period, with a maximum of 2 prior sentencing events. Offenses involving violence, weapons, or sex crimes remain ineligible, and charges with an offense date before January 1, 1986, cannot be sealed.
In effect July 1, 2026 | Automatic + petition-based sealing | 100,000+ records expected sealed automatically | 10-year clean period for felonies
What it means in practice
Until now, if you had a conviction on your record, even for something minor from years ago, there was almost nothing you could do about it. Background checks would reveal it forever, costing you jobs, housing, and opportunities. That has now changed. If your conviction qualifies, you can petition to have it sealed, meaning it will no longer show up on most background checks run by employers or landlords. For some lower-level offenses, sealing happens automatically without you doing anything, and the state has begun processing that first wave now. If you have a drug possession charge, a shoplifting conviction, or another non-violent felony that is at least 10 years old with no new criminal activity since, you may be eligible to petition. Courts are expecting a surge in filings now that the law is live. Getting your petition prepared promptly, and correctly, gives you the best chance at a fast result.
MARIJUANA | CRIMINAL LAW
9. Marijuana resentencing relief
Virginia legalized personal marijuana possession in 2021, but thousands of people are still serving time or on supervision for marijuana offenses that would not be crimes today. As of July 1, 2026, those individuals are entitled to resentencing hearings.
What’s changing
Automatic hearings for pre-legalization marijuana felony sentences (HB 26 / SB 62). Persons convicted of certain marijuana felonies committed prior to July 1, 2021, who are still incarcerated or on probation/community supervision as of July 1, 2026, are entitled to hearings to consider sentence modification. Courts can consider current law, rehabilitation, time served, and circumstances of the original conviction. The Department of Corrections is expected to identify and notify eligible individuals, with courts expected to begin scheduling hearings by January 1, 2027. The law expires July 1, 2029.
In effect July 1, 2026 | Pre-2021 marijuana felonies only | Must still be incarcerated or on supervision | Hearings begin by Jan 1, 2027
What it means in practice
If you or a family member is currently incarcerated, on parole, or on probation for a marijuana felony that occurred before July 1, 2021, you may qualify for a resentencing hearing. The state is supposed to notify eligible individuals, but the process is complex, and having an attorney advocate at that hearing can make the difference between release and continued incarceration. With hearings expected to begin scheduling by January 2027, the window to prepare is now. Do not wait for the state to reach out; begin the process today.
CRIMINAL LAW | PRETRIAL
10. Pretrial release reform and unsecured bonds for felony defendants
HB 357 removes the automatic requirement that felony defendants post a secured bond as a condition of pretrial release. The change took effect July 1, 2026.
What’s changing
Removes automatic secured bond requirement for felony defendants (HB 357). HB 357 removes language from Virginia Code § 19.2-123 that previously required any person arrested for a felony, or already on bond or parole, to post a secured bond as a condition of pretrial release. Judges retain discretion to set conditions of release, including unsecured bonds or supervised release, without the automatic requirement that cash or surety be posted.
In effect July 1, 2026 | Applies to felony defendants | Judge retains full discretion
What it means in practice
Under the old law, if you were charged with a felony, or were already out on bond when a new charge was filed, you were automatically required to post a cash or surety bond to get out of jail before trial. That meant coming up with real money, often thousands of dollars, just to stay out while your case proceeded. That automatic requirement is gone. Judges can now release felony defendants on their own recognizance, with supervision conditions, or with an unsecured bond they only pay if they fail to appear. It does not mean everyone gets out for free; judges still have full discretion. But it removes the floor that previously made release impossible for many people regardless of the circumstances of their case, and it’s a change your attorney can leverage at the bond hearing.
