New Laws in Virginia 2026 and Legislative Highlights

You need to know! These are some of the laws that go into effect on July 1, 2026.  On rare occasions, a law goes into effect immediately upon being enacted (as is the case with some of the new gun safety laws) or has a delayed start date (such as the new retail sales of cannabis law), but most begin on July 1st each year.

With one party having control of the legislative and executive governing bodies, we could have expected radical reform. What we got was an emphasis on gun control and workers’ rights. 

Firearms 

Virginia joins California and New York in imposing major restrictions on assault-style firearms. HB 217/SB 749 bans future sales and transfers of many semiautomatic firearms and magazines over 15 rounds. Almost immediately, lawsuits were filed challenging it. This is essentially the same as the 2025 bill that was passed by the General Assembly and vetoed by then Governor Youngkin.

A group of gun safety measures passed into law does various things, which include the following:

●      no person under 21 may purchase a handgun or assault firearm anywhere in the Commonwealth (HB 1525); this new law went into effect on April 22, 2026.

●      expansion of “red flag” procedures by increasing who may seek emergency substantial risk orders (HB 901/SB 495), to prevent individuals who show signs of being a danger to themselves or others from purchasing, possessing, or transporting firearms.

●      prohibition of “ghost guns” in an effort to remove untraceable, unregistered firearms and give law enforcement the ability to track weapons used in crimes (HB 40).

●      the closing of the “boyfriend loophole” for purchase, possession, or transportation after assault and battery of a family or household member or intimate partner (HB 19/SB 160).

●      safe-storage requirements – when a person who possesses a firearm in a residence knows that either a minor or a person legally prohibited from possessing firearms is present, they must  store the firearm and ammunition in a locked area inaccessible to the prohibited person or minor; otherwise, the gun owner must render the firearm incapable of being fired through the use of a gun lock for that purpose (HB 871/SB 348).

●      safe-storage requirements in a car, including that a handgun left in an unattended vehicle must be stored in a locked hard-sided container, locked glove compartment, or locked center console (HB 110/SB 496).

●      provisions that require universal background checks for firearm transfers/sales. Private sales must go through a licensed dealer and a Virginia State Police criminal history check, closing the “Lynchburg Loophole.”  This new law went into effect on April 22, 2026, but is actively being challenged through the courts (HB 1525

Employment

Virginia is the first Southern state to establish a mandatory state-run paid family and medical leave (PFML) insurance program. The plan provides 12 weeks of paid leave at 80% of pay for serious health conditions or family care. The insurance program will be funded with premiums assessed to employers and employees (HB 1207/SB 2). This new law has a delayed effective date of 4/1/2028.

Virginia’s minimum wage is currently $12.77 per hour. It will increase to $13.75 on January 1, 2027, and to $15.00 per hour on January 1, 2028. After that, it will be adjusted annually for inflation. (HB 1/ SB 1)

The VA Safety and Health Codes Board must adopt standards protecting all workers from heat illness during both indoor and outdoor work. The regulations must address water, shade, rest breaks, acclimatization, training, and emergency response procedures.  (HB 1092/SB 288) 

Don’t be surprised if there are metal detectors next time you visit a hospital with an Emergency Room. Reporting requirements for workplace violence incidents occurring in hospitals have been expanded. This bill requires gathering and reporting information that may be used to establish safety regulations. (HB 1489) 

Cannabis

Cannabis laws continue to daze and confuse. Virginia residents have been allowed to possess marijuana since 2021, but there has never been a legal recreational retail market. Adults 21 and older may possess marijuana, grow a limited number of plants at home, and share weed without compensation. They may not buy recreational marijuana from a retail store in VA, sell without a license, or publicly consume marijuana. The General Assembly passed the bills to create VA’s first recreational marketplace; however, Governor Spanberger vetoed them. A compromise was reached on June 16th this year that incorporates a modified retail framework. Retail sales are scheduled to begin January 1, 2027. (HB 642/SB 542)

Under a related resentencing relief bill, courts may reconsider certain felony convictions for marijuana offenses committed before July 1, 2021; this includes persons incarcerated, on probation, or under community supervision. The bill sunsets on July 1, 2029. (HB 26/SB 62) 

Real Property 

Accessory Dwelling Units (ADUs) will be allowed on single-family residential zoned districts with some restrictions. (SB 531) This bill has a delayed effective date of 7/1/2027. Localities are gearing up now to comply with the new law.

Parking requirements for multi-family projects are reduced if the location is within one-half mile of a mass transit or public transportation facility. (HB 888)

Localities must have at least one zoning district that permits single-family dwellings on small lots not to exceed 3,000 square feet and a lot width of no more than 30 feet. (HB 1212)

Effective January 1, 2027, nonprofit organizations may develop a mixed-use or residential project if they have owned the property for at least 5 years, 60% of the housing units are for affordable housing, it is not within an AICUZ or adjacent to property zoned industrial, and it is served by public water and sewer. The maximum height is forty-five feet and maximum density is 20 units per acre. (HB 1279)

Public Safety

State and federal law-enforcement officers are prohibited from wearing facial coverings, defined in the bill, while engaged in the performance of their official duties. There are exceptions such as when needed to protect against disease, infection, and exposure to toxic substances. (HB 7) 

Wildlife

It is unlawful to separate a mammalian wildlife offspring born in captivity from the mother before it is 4 months old. It is unlawful to intentionally propagate mammalian wildlife of different species, also known as hybridization. (HB 112/SB 344)

The Director of the Department of Wildlife Resources may issue a permit allowing the killing of antlered deer that cause damage to residential plants when the evidence is clear and convincing that the damage was done by antlered deer. Similarly, the Director may issue a permit to kill antlerless deer on commercial agricultural production lands when there is clear and convincing evidence that the deer damaged fruit trees, Christmas trees, crops, horticultural plants, or personal property utilized for commercial agricultural production. (HB 129)

The Department of Wildlife Resources must develop, publish, and maintain a webpage on its website to educate the recreational fishing community and the public about the importance of responsible recycling and disposal of fishing tackle. (HB 291)

Energy & Communication

Municipalities cannot deny a modification of an existing wireless facility for a co-location, removal, or replacement of transmission equipment if the modification does not extend more than 30 feet horizontally from the existing support structure or base station. (HB 277)

Municipalities must permit accessory solar generating equipment on roofs or mounted on the ground when serving the property upon which it is located. Solar facilities as a primary use must be permitted by-right or with a special exception for agricultural, commercial, industrial, and institutional applications. (HB 711)

Before a community approves a rezoning application for a data center, the applicant must not only perform and submit a site assessment to examine the sound profile on residences and schools nearby but also evaluate the effect of the proposed facility on ground and surface water resources, agricultural resources, parks, historic sites, and forestland. (HB 153)

The Department of Environmental Quality is prohibited from issuing an air permit for any application submitted for a data center unless the emission limit for each engine-generator is equal to or less than the emissions achieved by a Tier 4 equivalent engine-generator. (HB  507)

Miscellaneous

Specialty license plates can be added or removed only by statute. VA stands out by having hundreds of specialty plates, most honoring colleges, military organizations, civic groups, charitable organizations or localities. This session added one plate for VA REALTORS and repealed two plates for The Sons of Confederate Veterans and Robert E. Lee; those already in circulation will not be renewed after their current expiration. (HB 1344)

Final Note

Thank you for reading this legislative update. Keep in mind, this article is not comprehensive of all the new laws in Virginia. Bill numbers are provided so you can read the full text of any laws you find interesting or relevant. For a detailed explanation of how a law might apply in a particular situation, consult an attorney.

Kathryn Byler is a Pender & Coward attorney focusing her practice on real estate, business, guardianships, and estate planning matters. Kathryn is an adjunct professor at Regent Law School, a licensed real estate broker, and is Vice Chair of the Virginia Beach Planning Commission.