Ammo magazine maximum capacity criminalization violates the Virginia Constitution in the current statutory version

Ammo magazine capacity criminal limits violate the Virginia Constitution for being special laws that only apply to a limited number of counties and cities in the Commonwealth (including Fairfax County and Fairfax City), while excluding plenty of similarly situated jurisdictions. As a Fairfax criminal lawyer, I am delighted with this written ruling from the Circuit Courts of the City of Richmond and City of Newport News. Neither Circuit Court decision is based on the federal Constitution’s Second Amendment (“the right of the people to keep and bear Arms, shall not be infringed”).  The two Circuit Court decisions are based on the Virginia Constitutional provision that “The General Assembly shall not enact any local, special, or private law in the following cases: (1) For the punishment of crime…” Va. Const. art. IV, § 14. 

What does Virginia’s ammo magazine capacity criminal statute say?

Virginia’s ammo magazine capacity criminal statute says in pertinent part that it is a Class 1 misdemeanor (jailable up to one year and up to a $2500 fine) “for any person to carry a loaded (a) semi-automatic center-fire rifle or pistol that 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 that will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (b) shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered on or about his person on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place of whatever nature that is open to the public in the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William.” Virginia Code § 18.2-287.4.

What makes Virginia’s ammunition magazine capacity criminal limit a special law that violates the Commonwealth’s Constitution?

Virginia’s ammo magazine capacity criminal limit is a state-unconstitutional law because first, the statute “does not ‘affect all persons similarly situated or engaged in the same business throughout the state without discrimination.'” Commonwealth of Virginia v. Huggins, Richmond City Circuit Court No. CR-26M-357 (2026). In that regard: “Throughout Virginia’s regions, the [ammunition magazine] statute chooses locations, seemingly at random. Even in a given area, such as the Tidewater region, the statute includes Chesapeake, Newport News, Norfolk and Virginia Beach but inexplicably excludes Portsmouth and Hampton. Additionally, the statute excludes cities and counties in the south and west areas of the Commonwealth.” Id.  “Lastly, the Court must inquire if there is a disparate impact, whether Virginia Code 18.2-
287.4,  ‘as applied, bears a reasonable and substantial relationship to the Object sought to be accomplished by the legislation.'” Id. (citation omitted.) In that regard: “Gun violence is an issue that besieges the entirety of the Commonwealth, regardless of geography or population. Virginia Code 18.2-287.4 includes a selection of cities and counties that bear no similarity to one another and is therefore only included ‘without rhyme or reason.’… Furthermore, Virginia Code 18.2-287.4 does not bear substantial or reasonable relationship toward the legislative goal of achieving gun safety.” Id. In October 2026, a Newport News, Virginia, Circuit Court judge agreed with the analysis and holding of Huggins. Commonwealth of Virginia v. Stokes, Newport News Circuit Court No. CR26000450-01, -02 (2026). (Neither case is findable on Westlaw legal research as of the uploading of this article.)

What should I do if prosecuted in Virginia for an alleged firearm or ammunication offense?

If you are charged with an alleged Virginia firearm or ammo offense, it is crucial that you timely obtain a qualified lawyer. Consider Fairfax County, where the commonwealth attorney’s (prosecutor’s) office includes a focus on being tough on firearms. Top-rated Fairfax criminal lawyer Jonathan Katz is fully devoted to your Second Amendment and other Constitutional rights to bear arms and to limit government intrusion into your life. To schedule your free, in-person strictly confidential initial consultation wtih Jon Katz about your pending prosecution alleging a violation of the Virginia DUI, felony or misdemeanor laws, contact us at 703-383-1100, Info@KatzJustice.com and (text) 571-406-7268.

Top-rated Fairfax criminal lawyer Jonathan Katz relentless pursues your best defense against Virginia DWI, misdemeanor and felony prosecutions. For your free in-person confidential consultation about your Virginia court-pending prosecution, call us at 703-383-1100, Info@KatzJustice.com and (text) 571-406-7268.