An Act to amend and reenact § 18.2-308.5 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-308.5:2, relating to manufacture, importation, sale, transfer, or possession of plastic firearms and unfinished frames or receivers and unserialized firearms prohibited; penalties.
HB40 expands Virginia law governing so-called “ghost guns” and other hard-to-detect firearms. It amends the existing prohibition on plastic or otherwise nondetectable firearms and adds a new section barring the import, sale, transfer, possession, or manufacture of unfinished frames or receivers and firearms that are not imprinted with a valid serial number. The bill defines key terms such as “unfinished frame or receiver,” “valid serial number,” and “manufacture or assemble,” and it creates a framework for federal licensees to serialize firearms and keep transaction records.
The bill also establishes criminal penalties for violations, generally making a first offense a Class 1 misdemeanor and repeat offenses a Class 4 felony, while retaining a Class 5 felony penalty for prohibited plastic or nondetectable firearms. It includes a range of exceptions for law enforcement, military personnel, carriers, licensed manufacturers and gunsmiths, antique or permanently inoperable firearms, buyback programs, certain transport situations, and new residents who come into compliance within 90 days. Most of the new provisions take effect on January 1, 2027, with the possession ban in subsection C delayed until July 1, 2027.
The bill changes Virginia’s firearms code by adding a new regulatory and criminal prohibition on unserialized firearms, unfinished frames and receivers, and plastic or otherwise nondetectable guns. It also creates a state-law serialization and recordkeeping structure tied to federal licensing, which affects gun owners, sellers, manufacturers, gunsmiths, law-enforcement agencies, carriers, and people moving into Virginia with firearms or unfinished components. The act is expected to increase incarceration or commitment periods, triggering a minimum fiscal impact estimate under Virginia law.
The bill appears to have been generally supported by majorities in both chambers, but not without meaningful opposition. It advanced through committee and floor votes in the House and Senate, including a narrow Senate passage and a House agreement to the Senate substitute, indicating that the measure was politically significant and somewhat divisive. The overall vote pattern suggests support for tighter firearm regulation, especially around ghost guns and undetectable weapons, alongside sustained resistance from members opposed to expanding firearm restrictions.
The main points of contention are the scope of the prohibitions and the burden placed on private gun owners and sellers. Opponents are likely concerned that the bill criminalizes possession of unfinished frames or receivers unless they are serialized, extends liability to transfers and imports, and creates penalties for conduct that may involve home-built firearms or components. Supporters appear focused on closing loopholes that allow untraceable or undetectable firearms to circulate, improving public safety, and aligning state law with federal serialization and detection standards. The narrow Senate vote and split committee votes show that these issues remained contested throughout the bill’s consideration.