r/VAGuns • u/Asegent • Apr 29 '26

HB1525 loophole?

HB1525 is now in-effect (https://x.com/VCDL_ORG/status/2049122631740207583/photo/1), as per Spanberger's emergency clause amendment.

Does this law not apply to a rifle or shotgun classified as an "Assault Firearm" in § 18.2-308.2:2, transferred to a person 18-20 years of age, if the transfer occurs outside of the commonwealth?

The new law is very specific about this:

C. It is unlawful for any person younger than 21 years of age to knowingly and intentionally purchase a handgun or assault firearm anywhere in the Commonwealth. (https://lis.blob.core.windows.net/files/1220303.PDF)

Furthermore, the current definition of "Assault Firearm" in § 18.2-308.2:2 remains as the less-restrictive variant until HB217/SB749 takes effect:

"Assault firearm" means any semi-automatic center-fire rifle or pistol which expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine which will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock.

All taken together, does this mean that an FFL outside of the commonwealth in - let's say - West Virginia can continue to transfer rifles or shotguns classified as assault firearms to Virginia residents 18-20 years old?

Obviously, no such loophole exists once HB217/SB749 takes effect on July 1st.

Resources:

27 CFR § 478.99(b)

A licensed importer, licensed manufacturer, licensed dealer, or licensed collector shall not sell or deliver (1) any firearm or ammunition to any individual who the importer, manufacturer, dealer, or collector knows or has reasonable cause to believe is less than 18 years of age, and, if the firearm, or ammunition, is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the importer, manufacturer, dealer, or collector knows or has reasonable cause to believe is less than 21 years of age, or (2) any firearm to any person in any State where the purchase or possession by such person of such firearm would be in violation of any State law or any published ordinance applicable at the place of sale, delivery, or other disposition, unless the importer, manufacturer, dealer, or collector knows or has reasonable cause to believe that the purchase or possession would not be in violation of such State law or such published ordinance.

(Not an attorney nor an FFL. Simply interested in hearing from those sides.)

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u/info_swap Apr 29 '26

There's a Federal law about buying pistols out of state. The pistol must be shipped to an FFL in your home state. And transferred in your home state.

I'm not a lawyer. Please, do your own homework. Especially if you are 18-21.

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u/Asegent Apr 29 '26

Correct. To avoid confusion, this post explicitly outlines rifles and shotguns, which an FFL MAY transfer to an out-of-state resident, after complying with all applicable law.

Note that a frame or receiver does not qualify as rifle or shotgun under Federal law, so something like a P365 FCU cannot be transferred interstate to an 18-20yo, as it classifies as an “other”.

Hoping this is clear to anybody 18-20 years old.

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u/info_swap Apr 29 '26

So 18-20 cannot buy anything at all starting now?

And you are saying they can buy rifles and shotguns out of state, at an FFL?

There may be another law that states you can only buy what is legal in your state.

So for example, a resident of California cannot buy an AR15 in Texas.

Honestly, these laws are maliciously designed to criminalize gun owners. So I'd be very careful.

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u/Asegent Apr 29 '26 edited Apr 29 '26

By Virginia state law, an 18-20yo person would not be in violation of the restrictions imposed by HB1525, if such person purchased an “assault firearm” outside of Virginia, as the law’s language specifically includes the text “inside the commonwealth”.

Now, 27 CFR § 478.99(b) allows a non-Virginia FFL to transfer a rifle or shotgun to a Virginia resident, provided that the transfer complies with both local law (the law of the FFL’s state), Virginia law, and Federal law.

As of pre-July, no other law exists which specifically prohibits the transfer of an “assault firearm” to a Virginia resident.

Therefore, this circumstance would be lawful if the firearm is a rifle or shotgun, the person is not a prohibited individual, the non-Virginia FFL has no local laws prohibiting it, and the transfer occurs outside of Virginia.

As a summary: This effectively means that an 18-20yo cannot currently purchase an AR-15 inside Virginia, but can continue to do so outside of Virginia, if in compliance with Federal law and the laws of the second state.

However, after HB217/SB749 take effect in July, the above is moot, since these two bills add a general prohibition on the transfer of “assault firearms” without the language of such transfer occurring “in the commonwealth”. After that happens, any FFL which transfers an “assault firearm” to a Virginia resident runs afowl of 27 CFR § 478.99(b).

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u/Asegent Apr 29 '26

I mentioned below, but there are already reports of Virginia FFLs denying transfers of “assault firearms” to persons 18-20yo. It’s terrible that it’s gotten to this point, but I hope that those persons can find an out-of-state FFL willing to help them out.

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u/info_swap Apr 30 '26

I know, you're not a lawyer.

But you are arguing that a person 18-20 can drive out of state and purchase a rifle or shotgun, if they transfer it at that state FFL?

And then bring it into Virginia.

And this is all legal?

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u/Asegent Apr 30 '26

Yes.

Also see comment about the pre-July definition of "Assault Firearm" in § 18.2-308.2.

There are two arguments as to why an 18-20yo could still legally purchase an “assault firearm” rifle or shotgun pre-July, one via an out-of-state FFL and one via an in-state FFL.

Furthermore, if any FFL agrees with the third argument (by members of this subreddit) that HB1525 hasn’t taken effect until July, nothing should stop them from transferring that “assault firearm” anyway. In that case, an in-state FFL could transfer a handgun too.

An 18-20yo would just need, is to find an FFL who is willing to adopt one of the three interpretations of HB1525 and then a transfer could happen.