Virginia defers to federal law on most National Firearms Act (NFA) items, but with one important wrinkle the other federally-deferring states do not have....
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
Virginia defers to federal law on most National Firearms Act (NFA) items, but with one important wrinkle the other federally-deferring states do not have. Virginia requires you to register every machine gun in your possession with the Virginia Department of State Police within 24 hours of acquisition. That state-level registration is on top of the federal Form 4 (or Form 1) registration in the National Firearms Registration and Transfer Record (NFRTR). Failure to register triggers a statutory presumption under Va. Code 18.2-291 that your possession is for an "offensive or aggressive purpose," and possession for an offensive or aggressive purpose is a Class 4 felony under Va. Code 18.2-290.
For the rest of the NFA universe, meaning suppressors, short-barreled rifles (SBRs), short-barreled shotguns (SBSs), any-other-weapons (AOWs), and destructive devices, Virginia keeps no extra registry. Suppressors are lawful for any non-prohibited adult with an approved federal Form 4. SBRs are lawful with a federal Form 1 or Form 4. SBSs are lawful when federally registered, because Va. Code 18.2-303.1 carves federally compliant items out of the sawed-off prohibition, but unregistered possession is a separate Virginia felony under Va. Code 18.2-300. AOWs and destructive devices are not separately prohibited by Virginia statute; federal compliance is what matters.
Two Virginia statutory schemes sit alongside the federal NFA (26 U.S.C. Chapter 53): the machine gun statutes at Va. Code 18.2-288 through 18.2-296, and the sawed-off shotgun and rifle statutes at Va. Code 18.2-299 through 18.2-307. Get any layer wrong and the others do not save you.
| NFA category | Federal status | Virginia status | State registration? |
|---|---|---|---|
| Suppressor | Lawful with approved Form 4 | Lawful for non-prohibited adult | None |
| SBR | Lawful with approved Form 1 or 4 | Lawful with federal NFA registration (Va. Code 18.2-303.1 federal-compliance carve-out) | None |
| SBS | Lawful with approved Form 1 or 4 | Lawful with federal NFA registration (Va. Code 18.2-303.1 federal-compliance carve-out) | None |
| Machine gun (pre-5/19/1986, transferable) | Lawful with approved Form 4 | Lawful only if also registered with Virginia State Police within 24 hours under Va. Code 18.2-295 | Required |
| Machine gun (post-5/19/1986) | Banned for civilians (18 U.S.C. 922(o)) | Banned | n/a |
| Destructive device | Lawful with approved Form 1 or 4 | Lawful with federal NFA registration; no separate VA registry | None |
| AOW | Lawful with approved Form 4 | Lawful with federal NFA registration; no separate VA registry | None |
| Auto sear / trigger activator | Lawful only if a pre-5/19/1986 machinegun, federally registered | Independently prohibited by Va. Code 18.2-308.5:1 (Class 6 felony); items in compliance with the NFA are carved out by 18.2-308.5:1(D) | See discussion below |
The federal NFA reaches the categories of "firearm" listed in 26 U.S.C. 5845(a):
Each must be registered in the National Firearms Registration and Transfer Record (NFRTR) under 26 U.S.C. 5841. Transfers move through ATF Form 4 (an existing item from a dealer or another individual). Owner-builds go through ATF Form 1. Both require fingerprints (FBI Form FD-258), passport-style photographs, and notice to the chief law enforcement officer (CLEO) of your jurisdiction. Possession of an unregistered NFA firearm is a federal felony under 26 U.S.C. 5861(d).
Implementing regulations are at 27 C.F.R. Part 478 (general firearms) and Part 479 (NFA-specific).
Virginia's machine gun statutes (Va. Code 18.2-288 through 18.2-296) operate independently of the federal scheme.
Va. Code 18.2-288 defines a machine gun as "any weapon which shoots or is designed to shoot automatically more than one shot, without manual reloading, by a single function of the trigger." That tracks the core of the federal definition at 26 U.S.C. 5845(b), but note one difference: the federal definition expressly includes the frame or receiver and conversion parts, while the Virginia definition is written in terms of a "weapon which shoots or is designed to shoot."
Possession or use of a machine gun in the perpetration or attempted perpetration of a crime of violence is a Class 2 felony under Va. Code 18.2-289. Unlawful possession or use of a machine gun for an "offensive or aggressive purpose" is a Class 4 felony under Va. Code 18.2-290.
Va. Code 18.2-291 presumes that possession or use of a machine gun is for an offensive or aggressive purpose in four situations:
(1) When the machine gun is on premises not owned or rented for bona fide permanent residence or business occupancy by the person in whose possession the machine gun may be found; (2) When the machine gun is in the possession of, or used by, a person who has been convicted of a crime of violence; (3) When the machine gun has not been registered as required in 18.2-295; or (4) When empty or loaded shells which have been or are susceptible of use in the machine gun are found in the immediate vicinity thereof.
Subsection (3) is the central hook. A federally registered, transferable machine gun that is lawful under the federal NFA can still expose the owner to the Virginia aggressive-purpose presumption unless the owner also completes the state registration. The unregistered possession itself is not charged as a Class 3 misdemeanor under 18.2-295. Instead it feeds the presumption, and a possession found to be for an offensive or aggressive purpose is a Class 4 felony under 18.2-290.
Va. Code 18.2-295 requires that "every machine gun in this Commonwealth shall be registered with the Department of State Police within twenty-four hours after its acquisition." For semi-automatic weapons that are converted, modified, or altered to become machine guns, registration is due within 24 hours of the conversion. The application is notarized and shows the model and serial number, the name, address, and occupation of the person in possession, and from whom and for what purpose the gun was acquired or altered. Blank registration forms are prepared by the Superintendent of State Police and furnished on application.
Operational notes:
Manufacturers and dealers must keep a register of every machine gun they handle, showing the model and serial number, the dates of manufacture, sale, loan, gift, delivery, or receipt, and the identity of each transferor and transferee. Any marshal, sheriff, or police officer may inspect the register and the stock on demand. A violation is a Class 3 misdemeanor.
Va. Code 18.2-293 exempts the manufacture for, and sale of, machine guns to the armed forces or law enforcement of the United States, any state, or any political subdivision, plus National Guard and military-issue arms. Va. Code 18.2-293.1 provides that nothing in the article prohibits possession of a machine gun for scientific purposes, possession of a non-usable machine gun as a curiosity, ornament, or keepsake, or possession for a purpose manifestly not aggressive or offensive. The statute expressly provides, however, that possession of such machine guns "shall be subject to the provisions of 18.2-295." A federally registered civilian collector falls in the non-aggressive category and still must file with the State Police.
A court of record may, on application of the attorney for the Commonwealth, a police officer, or a conservator of the peace, order any machine gun seized in violation of the article to be confiscated and either destroyed or delivered to a Virginia peace officer.
Va. Code 18.2-292 provides that "the presence of a machine gun in any room, boat or vehicle shall be prima facie evidence of the possession or use of the machine gun by each person occupying the room, boat, or vehicle where the weapon is found." Combined with the 18.2-291 aggressive-purpose presumption, an unregistered machine gun in a shared space can support charges against every occupant.
| Statute | Conduct | Class |
|---|---|---|
| Va. Code 18.2-289 | Possession or use of a machine gun in perpetration or attempt of a crime of violence | Class 2 felony |
| Va. Code 18.2-290 | Unlawful possession or use for an offensive or aggressive purpose. Unregistered possession is not penalized on its own under 18.2-295; instead it triggers the 18.2-291(3) presumption of an offensive or aggressive purpose, which carries this Class 4 felony exposure | Class 4 felony |
| Va. Code 18.2-294 | Manufacturer/dealer recordkeeping violation | Class 3 misdemeanor |
| Va. Code 18.2-295 | Failure to keep or produce the registration certificate on demand, or failure to notify the State Police of a transfer | Class 3 misdemeanor |
Va. Code 18.2-299 through 18.2-307 form a parallel scheme for sawed-off long guns. Va. Code 18.2-299 defines a "sawed-off shotgun" as a shoulder weapon with a barrel length under 18 inches for smooth bore weapons and under 16 inches for rifled weapons (weapons under .225 caliber are excluded), and defines a "sawed-off rifle" as a rifle designed as a shoulder weapon with a barrel length under 16 inches or modified to an overall length under 26 inches. These track the federal SBR and SBS definitions.
Va. Code 18.2-300 sets a two-tiered penalty, and both tiers are felonies. Subsection A makes possession or use of a sawed-off shotgun or rifle in the perpetration or attempted perpetration of a crime of violence a Class 2 felony. Subsection B makes possession or use "for any other purpose, except as permitted by this article and official use by those persons permitted possession by 18.2-303," a Class 4 felony.
The federal-registration carve-out is at Va. Code 18.2-303.1: nothing in the article prohibits or interferes with the possession of a sawed-off shotgun or rifle "for scientific purposes," one "possessed in compliance with federal law," or one "not usable as a firing weapon and possessed as a curiosity, ornament, or keepsake." A separate military and law-enforcement carve-out is at Va. Code 18.2-303.
In practice, a Form 1 SBR or a Form 4 SBS is lawful in Virginia for any non-prohibited adult, because Va. Code 18.2-303.1 carves federally compliant items out of the 18.2-300 prohibition. Virginia does not impose a separate State Police registration on SBRs or SBSs; that 24-hour registration requirement applies only to machine guns.
Suppressors are lawful with federal NFA registration. Virginia has no separate state-level suppressor prohibition, no state suppressor tax, and no state suppressor registry. A non-prohibited Virginia adult with an approved ATF Form 4 may own and use a suppressor.
Hunting with a suppressor is generally permitted in Virginia, subject to the regulations of the Department of Wildlife Resources. The use of a fully automatic firearm for hunting is not allowed. Hunting regulations change from season to season, so confirm the current rules with the Department of Wildlife Resources before relying on them.
One local-area rule interacts with suppressors. Va. Code 18.2-287.4 makes it unlawful, in several named cities and counties, to carry a loaded semi-automatic center-fire rifle or pistol that is equipped with a magazine holding more than 20 rounds or "designed by the manufacturer to accommodate a silencer" or equipped with a folding stock, on a public street or other public place. Suppressor status does not change that loaded-public-area rule, although the statute exempts valid concealed handgun permit holders and several other categories.
Bills to impose a Virginia-specific suppressor tax have been introduced in past sessions and have not become law. Confirm current legislation before relying on the status quo.
SBRs and SBSs are lawful with federal NFA registration. Va. Code 18.2-300 criminalizes possession or use of sawed-off shotguns and rifles, but federally registered items fall within the Va. Code 18.2-303.1 federal-compliance carve-out. Build paths:
Pistol-brace configurations. When ATF treats a braced pistol as an SBR, the configuration falls within both 26 U.S.C. 5845(a) and Va. Code 18.2-300. An owner who does not have a Form 1 on file for the SBR configuration faces both a federal 5861(d) offense and a Virginia 18.2-300 offense. The federal pistol-brace rule has been the subject of ongoing litigation and ATF rulemaking; confirm the current status with ATF and Virginia counsel before assuming a braced configuration is lawful.
A machine gun is lawful in Virginia only when it is both federally registered and registered with the State Police, and only if it is a pre-May 19, 1986 transferable machine gun. The federal Hughes Amendment at 18 U.S.C. 922(o) bars civilian possession of any machine gun manufactured after May 19, 1986. A post-1986 machine gun cannot be lawfully possessed by a civilian in Virginia, or anywhere else in the United States, regardless of paperwork.
A pre-1986 transferable machine gun requires:
Auto sears and trigger activators (state-law overlay). Va. Code 18.2-308.5:1 independently makes it unlawful to manufacture, import, sell, offer for sale, possess, transfer, or transport an "auto sear" or a "trigger activator" in the Commonwealth. The statute defines an auto sear as a device designed for converting a semi-automatic firearm to fire automatically more than one shot by a single function of the trigger, and a trigger activator as a device that harnesses recoil energy so the trigger resets and continues firing without additional manipulation. A violation is a Class 6 felony under 18.2-308.5:1(C). Subsection (D) provides the carve-out: nothing in the section prohibits conduct with respect to "any item for which such person is in compliance with the National Firearms Act (26 U.S.C. 5801 et seq.)."
Under federal law an auto sear is itself a machinegun, because 26 U.S.C. 5845(b) reaches conversion parts. Virginia's separate machine gun definition at 18.2-288 is written in terms of a "weapon which shoots or is designed to shoot," and does not use the federal "parts" language, so the operative Virginia prohibition for these conversion devices is 18.2-308.5:1, not the machine gun statutes. An owner of an NFA-registered, pre-1986 auto sear relies on 18.2-308.5:1(D) for the Virginia exemption and must still meet every federal NFA requirement. An unregistered conversion device is a Virginia 18.2-308.5:1 offense (Class 6 felony) on top of the federal 922(o) and 5861(d) offenses.
Destructive devices (grenades, weapons with a bore over half an inch, certain explosives, defined at 26 U.S.C. 5845(f)) are not categorically prohibited by a separate Virginia NFA statute. Federal NFA compliance is the operative requirement. Virginia has separate prohibitions on certain explosives and incendiary devices elsewhere in Title 18.2 that a destructive-device owner should review before acquisition.
Any other weapons (AOWs) under 26 U.S.C. 5845(e) carry no separate Virginia registry. The federal Form 4 is the operative document. The federal transfer tax for an AOW had been $5; see the federal tax note below for the 2026 change.
Plastic firearms. Va. Code 18.2-308.5 makes it unlawful to manufacture, import, sell, transfer, or possess any "plastic firearm," defined as a firearm (including machine guns and sawed-off shotguns as defined in the chapter) containing less than 3.7 ounces of electromagnetically detectable metal in the barrel, slide, cylinder, frame, or receiver, that does not generate an accurate X-ray image. A violation is a Class 5 felony. This rule applies regardless of federal NFA status.
Lawful NFA ownership does not override Virginia's other firearm rules:
Federal rules apply equally in Virginia:
NFA law in Virginia moves on two tracks. The federal track changes when Congress amends 26 U.S.C. Chapter 53 or ATF issues a rule. The Virginia track changes when the General Assembly amends the machine gun statutes (Va. Code 18.2-288 through 18.2-296), the sawed-off shotgun and rifle statutes (Va. Code 18.2-299 through 18.2-307), or 18.2-308.5:1. Before buying, building, transferring, or transporting any NFA item, verify the current text at law.lis.virginia.gov and the current federal status with ATF.
Bump stocks - Garland v. Cargill (2024). In Garland v. Cargill, 602 U.S. 913 (2024), the U.S. Supreme Court held that a semi-automatic rifle equipped with a bump stock is not a machinegun under the National Firearms Act, striking down the federal regulation that had classified bump stocks as machineguns. As a matter of federal law, bump stocks are no longer NFA-regulated. Virginia, however, independently prohibits "trigger activators" under Va. Code 18.2-308.5:1, defined as devices that harness recoil energy so the trigger resets and continues firing without additional manipulation. A bump stock can fall within that state prohibition (a Class 6 felony) even though it is no longer a federally regulated machinegun. Confirm current Virginia law before possessing one.
P.L. 119-21 NFA tax (2026). Effective January 1, 2026, P.L. 119-21 (the One Big Beautiful Bill Act, signed July 4, 2025) reduced the federal NFA making and transfer tax to $0 for silencers, SBRs, SBSs, and AOWs. Machine guns and destructive devices retain the $200 tax. The federal registration requirements (Form 1 or Form 4, fingerprints, photographs, CLEO notice) remain unchanged.
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