Virginia Senate Pushes Forward House Bill 40 Banning Unserialized Firearms and Undetectable Plastic Guns

Sep 16, 2026, 12:00 AM ET

Virginia legislative hearing room with handguns on a desk in the foreground

RICHMOND, Va. – As the 2026 Virginia General Assembly session progresses, House Bill 40, which prohibits the manufacture, import, sale, transfer, and possession of plastic firearms, unfinished frames or receivers, and unserialized firearms, advanced through key Senate committees this week. The measure, introduced by Delegate Marcus Simon, updates existing prohibitions on undetectable firearms and introduces new penalties for items lacking serial numbers, reflecting ongoing efforts to address security concerns in public spaces.

The bill strengthens current law under Section 18.2-308.5 of the Code of Virginia, which already bans plastic firearms. HB40 expands this by defining a plastic firearm as one that, after removal of all parts except a major component, remains undetectable by standard security screening devices such as X-ray machines used at airports, government buildings, schools, and correctional facilities. Violations carry a Class 5 felony penalty, maintaining consistency with prior statutes while modernizing references to detection technology.

New provisions target unserialized firearms and frames or receivers. It establishes a Class 1 misdemeanor, escalating to a Class 4 felony for repeat offenses, for anyone who knowingly possesses, manufactures, assembles, imports, purchases, sells, offers for sale, or transfers a firearm, completed frame, or unfinished frame or receiver without a valid serial number. Exceptions apply only if the item qualifies as a firearm under federal law and bears a serial number. These restrictions aim to close gaps in firearm tracking.

Prefiled on December 23, 2025, and offered January 14, 2026, HB40 moved swiftly through the House. Referred to the House Public Safety Committee, it received a fiscal impact statement from the Virginia Criminal Sentencing Commission on January 6 and from the Department of Planning and Budget on January 13. Assigned to the Firearms Subcommittee on January 16, it advanced on a 7-3 vote on January 29. The full committee reported it favorably 15-6 on January 30.

The House read the bill first time on February 3, second time and engrossed it on February 4, and passed it on third reading February 5 by a 63-34 vote. This margin highlighted divisions, with nearly one-third opposing the measure’s scope.

In the Senate, referred to Courts of Justice on February 6, the committee reported it with a substitute (26108434D-S1) on February 23 by a 9-5 vote and rereferred it to Finance and Appropriations. That committee reported it favorably 10-5 on February 25, accompanied by an updated fiscal impact statement from the Virginia Criminal Sentencing Commission. Rules were suspended February 26, and constitutional reading was dispensed on second reading by a 40-0 block vote, but it passed by for the day. On February 27, the Senate read it a third time before again passing by for the day, leaving final passage pending as the session continues.

Effective dates are staggered to allow preparation: prohibitions on unfinished frames, receivers, and unserialized firearms take effect January 1, 2027, while knowing possession bans start July 1, 2027. Fiscal analyses from both chambers indicate the bill’s implementation involves sentencing commission adjustments and potential state costs, though specifics remain outlined in the statements.

HB40 emerges amid broader firearms discussions in the 2026 session, where committees have reviewed multiple related proposals. Its progression underscores legislative focus on enhancing traceability and detectability, with committee votes revealing consistent opposition from a minority bloc. Proponents highlight protections for security screening at sensitive locations, while the bill’s penalties balance misdemeanors for initial offenses with felony escalations for repeats, emphasizing enforcement proportionality.

As lawmakers reconvene, HB40’s fate hinges on Senate floor action and potential House concurrence on the substitute. The measure’s delayed rollout provides a window for compliance, particularly for frames and receivers commonly used in firearm assembly. With the General Assembly’s calendar advancing, stakeholders monitor whether this bill will join others shaping Virginia’s firearms landscape.

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