West Virginia Bill Seeks to Restore Lawful Machine Gun Transfers
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A bold new proposal in West Virginia is aiming to challenge decades of federal overreach and restore lawful access to machine guns through a state-based pathway. WV Senate Bill 1071 — the Public Defense and Provisioning Act — was introduced this week in the West Virginia State Senate. The legislation would create an Office of Public Defense within the West Virginia State Police. That office would be tasked with facilitating machine gun transfers to qualified members of the public under a specific exemption found in federal law.
This effort was researched and prepared by Gun Owners of America, and credit is due to GOA for advancing what could become a landmark Second Amendment test case.
What the Bill Would Do
SB 1071 would allow the state to transfer machine guns — including, but not limited to:
Full-auto or select-fire AR-15/M16 platform rifles
M249-type firearms
MP5-type firearms
Eligible individuals who can legally possess such firearms would be able to receive them through the state program for a $250 surcharge. Future transfers between qualified individuals would require a $275 fee paid to the state.
The legal argument hinges on a specific clause in the 1986 Hughes Amendment (18 U.S.C. § 922(o)(2)(A)), which otherwise prohibits civilian possession of newly manufactured machine guns. That clause provides an exemption for machine guns transferred “to or by” a state. Supporters argue that this language creates a lawful pathway for states to facilitate such transfers — and that West Virginia is stepping forward to test that interpretation.
Challenging the Hughes Amendment
For nearly four decades, Americans have been told that the Hughes Amendment permanently barred civilian access to newly manufactured machine guns. GOA’s position — and now West Virginia’s — is that Congress explicitly included an exemption for state transfers, and that states retain authority to utilize that language. GOA Senior Vice President Erich Pratt stated:
“For decades, Americans have been told that the 1986 machine gun ban permanently stripped them of access to modern arms. But Congress included an explicit exemption for transfers ‘to or by’ a State, and that language matters.”
This bill represents not just a policy proposal, but a direct challenge to the long-standing interpretation of federal machine gun restrictions.
Why This Matters
At 2 If By Sea Tactical, Southern Minnesota’s premier indoor range and firearms store, we closely follow legislation that pushes back against federal overreach and seeks to restore constitutional rights.
The Supreme Court’s Bruen decision reinforced that firearm regulations must align with this nation’s historical tradition of firearm regulation. Many Second Amendment advocates argue that the Hughes Amendment’s blanket ban on new machine guns fails that test.
Whether SB 1071 ultimately succeeds or faces legal challenge, it represents a significant development in the national conversation around:
Federal vs. state authority
The limits of the Hughes Amendment
Restoring parity between citizens and government
West Virginians: Take Action
If you are a resident of West Virginia, now is the time to engage. Support SB 1071. Contact your state senators and delegates. Encourage them to defend the Second Amendment and support efforts to undo the practical effects of the Hughes Amendment.
Senate Judiciary Chairman Tom Willis – (304) 357-7867tom.willis@wvsenate.gov
GOA deserves recognition for pushing this initiative forward — and if successful, it could encourage similar legislation in other pro-Second Amendment states.
We’ll Be Watching
At 2 If By Sea Tactical, we believe constitutional rights must be defended consistently and courageously. This is one of the most aggressive legislative pushes in years to challenge federal machine gun restrictions. Whether it becomes law or sparks a broader legal battle, it’s a development worth watching.
Stay informed. Stay engaged. And as always — stay vigilant.
Here at 2 If By Sea Tactical we strive to bring you the best experience in the firearms world. As we continue to grow the media arm of 2 If By Sea, make sure you keep tuning in to our Youtube and Rumble channels and right here at “The Patriot’s Almanac” to stay informed on the latest happenings in the firearm world! But we are not lawyers, so this isn't legal guidance. We are proud to be Southern Minnesota source for all things 2A.
Stay sharp, stay informed, and stay ready.
