HB40Introduced in the House of Delegates
Plastic firearms or receivers, etc., transfer, etc., prohibited; penalties.
Introduced by Marcus Simon, District 13
What does this bill do?
Plain-English breakdown
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Official description
Manufacture, importation, sale, transfer, or possession of plastic firearms and unfinished frames or receivers and unserialized firearms prohibited; penalties. Creates a Class 5 felony for any person who knowingly manufactures or assembles, imports, purchases, sells, transfers, or possesses any firearm that, after removal of all parts other than a major component, as defined in the bill, is not detectable as a firearm when subjected to inspection by the types of detection devices, including X-ray machines, commonly used at airports, government buildings, schools, correctional facilities, and other locations for security screening. The bill updates language regarding the types of detection devices that are used at such locations for detecting plastic firearms. Under current law, it is unlawful to manufacture, import, sell, transfer, or possess any plastic firearm and a violation is punishable as a Class 5 felony. The bill also creates a Class 1 misdemeanor, which is punishable as a Class 4 felony for a second or subsequent offense, for any person to knowingly possess a firearm or any completed or unfinished frame or receiver that is not imprinted with a valid serial number or to knowingly import, purchase, sell, offer for sale, or transfer ownership of any completed or unfinished frame or receiver, unless the completed or unfinished frame or receiver (i) is deemed to be a firearm pursuant to federal law and (ii) is imprinted with a valid serial number. The bill also creates a Class 1 misdemeanor, which is punishable as a Class 4 felony for a second or subsequent offense, for any person to manufacture or assemble, cause to be manufactured or assembled, import, purchase, sell, offer for sale, or transfer ownership of any firearm that is not imprinted with a valid serial number. The provisions of the bill prohibiting unfinished frames or receivers and unserialized firearms have a delayed effective date of January 1, 2027; however, the provisions of the bill prohibiting the knowing possession of a firearm or any completed or unfinished frame or receiver that is not imprinted with a valid serial number have a delayed effective date of July 1, 2027. This bill is identical to SB 323.
Where it stands
Acts of Assembly Chapter text (CHAP0531)
April 10, 2026
How did lawmakers vote?
House of Delegates votes
4 recorded votes · each counted separately
Senate votes
4 recorded votes · each counted separately
House of DelegatesStage: Senate substitute agreed to by House (64-Y 32-N 0-A) · March 4, 2026
64
Yes
32
No
3
Absent or Not Voting
99 delegates recorded in this House of Delegates vote. Colors show vote categories only, not whether a vote was good or bad.
What do people think?
Citizen Voice
How would you vote on this bill?
An unofficial public opinion poll. It does not affect the bill or the official vote.
One response per device. Location is self-reported and not verified. Results are informal and not a scientific survey.
See how each delegate voted
| Delegate | District | Vote |
|---|---|---|
| Patrick Hope | 1 | Yes |
| Adele McClure | 2 | Yes |
| Alfonso Lopez | 3 | Yes |
| Charniele Herring | 4 | Yes |
| Kirk McPike | 5 | Yes |
| Richard Sullivan | 6 | Yes |
| Karen Keys-Gamarra | 7 | Yes |
| Irene Shin | 8 | Yes |
| Karrie Delaney | 9 | Yes |
| Dan Helmer | 10 | Yes |
Bill history
Prefiled and ordered printed; Offered 01-14-2026 26100452D
Referred to Committee on Public Safety
Fiscal Impact statement From VCSC (1/6/2026 2:07 pm)
Fiscal Impact Statement from Department of Planning and Budget (HB40)
Assigned HPS sub: Firearms
Subcommittee recommends reporting (7-Y 3-N)
Reported from Public Safety (15-Y 6-N)
Read first time
Read second time and engrossed
Read third time and passed House (63-Y 34-N 0-A)
Constitutional reading dispensed (on 1st reading)
Referred to Committee for Courts of Justice
Reported from Courts of Justice with substitute and rereferred to Finance and Appropriations (9-Y 5-N)
Committee substitute printed 26108434D-S1
Reported from Finance and Appropriations (10-Y 5-N)
Fiscal Impact statement From VCSC (2/25/2026 12:50 pm)
Rules suspended
Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)
Passed by for the day Block Vote (Voice Vote)
Fiscal Impact Statement from Department of Planning and Budget (HB40)
Read third time
Passed by for the day
Courts of Justice Substitute agreed to
Engrossed by Senate - committee substitute
Passed Senate with substitute (21-Y 19-N 0-A)
Senate substitute agreed to by House (64-Y 32-N 0-A)
Enrolled
Bill text as passed House and Senate (HB40ER)
Fiscal Impact Statement from Department of Planning and Budget (HB40)
Signed by President
Signed by Speaker
Enrolled Bill communicated to Governor on March 14, 2026
Governor's Action Deadline 11:59 p.m., April 13, 2026
Approved by Governor - Chapter 531 (effective - see bill)
Acts of Assembly Chapter text (CHAP0531)
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