Legislation in West Virginia Would Restore Lawful Machine Gun Transfers

Gun Owners of America (GOA) is proud to support the introduction of SB 1071 in West Virginia. A GOA-drafted measure that would authorize the creation of a state entity to purchase and transfer machine guns to qualified law-abiding citizens pursuant to existing federal law.

The legislation utilizes a clear statutory exception contained in 18 U.S.C. § 922(o), commonly known as the Hughes Amendment. While that provision generally restricts civilian possession of post-1986 machine guns, it expressly states that the prohibition “does not apply with respect to … a transfer to or by, or possession by or under the authority of” a State or any department or political subdivision thereof.

Under the bill introduced in West Virginia, the State would establish state-run distribution centers authorized to acquire machine guns and conduct transfers “by” the State to qualified members of the general public. By structuring transactions within the text of the federal exemption, the legislation seeks to restore access to constitutionally protected arms while adhering to existing federal law.

The proposal is rooted in both statutory construction and the historical understanding of the Second Amendment. Beginning with the Militia Act of 1792, and continuing with surplus military sales throughout American history, federal and state governments have repeatedly supplied military-grade arms to civilians. Supporters argue that the Founders envisioned a citizenry equipped with arms suitable for militia service and national defense.

Erich Pratt, Senior Vice President of Gun Owners of America, issued the following statement: “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. West Virginia is demonstrating that states have both the authority and the responsibility to defend the Second Amendment, restore parity between citizens and the government, and lead the way in dismantling unconstitutional federal overreach.”

Chris Stone, Director of State Affairs for Gun Owners of America, added: “The plain text of Section 922(o) makes clear that its prohibition does not apply to transfers conducted by a State. By carefully structuring this legislation within the existing statutory framework, West Virginia lawmakers are advancing a serious, legally grounded effort to vindicate the rights protected by the Second Amendment while exercising the State’s sovereign authority.” Read more

FPC Files Motion to Enjoin New Jersey’s Short-Barreled Rifle Ban

Firearms Policy Coalition (FPC) filed a motion for summary judgment in FPC v. Platkin, its lawsuit challenging New Jersey’s total prohibition on “short-barreled rifles” (SBRs), defined in state law as those with a barrel shorter than 16 inches or an overall length under 26 inches.

FPC is joined in the case by five individual FPC members, along with High Caliber Ordinance LLC and Louie G’s Outdoors. Plaintiffs are represented by Chad Flores of Flores Law and Bradley Lehman of Whiteford, Taylor & Preston.

The motion in FPC v. Platkin was filed in the federal court for the District of New Jersey, which covers the entire state.

The motion was filed on February 18, 2026.

A ruling in FPC’s favor would allow peaceable people to lawfully buy, own, and use these rifles in New Jersey without fear of arrest or prison time. Read more

SAF Files Amicus Brief Defending Gun Owners’ Privacy

The Second Amendment Foundation (SAF) has filed an amicus brief with the U.S. District Court for the Middle District of Pennsylvania in support of defendant SIG SAUER’s motion for reconsideration in Hall v. Sig Sauer, Inc., a product liability case in which plaintiffs seek to force disclosure of gun owners’ identities without their consent.

SIG SAUER was ordered to divulge the identities of some of its customers to the Plaintiffs in the case as part of the discovery process and seeks reconsideration of that order. SAF is joined in the brief by the National Rifle Association.

“The Second Amendment has always protected not just the right to keep and bear arms, but the privacy necessary to exercise that right without fear of government-compelled exposure or social ostracism,” said SAF Director of Legal Research and Education Kostas Moros. Read more

FPC Prevails in New York Non-Resident Carry Ban Lawsuit, Encourages People to Apply for a License

Firearms Policy Coalition (FPC) today announced that the parties have reached an agreement to successfully resolve the plaintiffs’ federal lawsuit challenging the New York state and county defendants’ laws, policies, and practices banning firearm carry by residents of other states, Shaffer v. Quattrone. FPC filed the case in November 2024, arguing that people “do not surrender their Second Amendment protected rights when they travel outside their home state.”

Now, as a result of the FPC lawsuit and the plaintiffs’ settlement with the State of New York, the State now expressly holds the position that in-state residency or employment is not required for licensure and clearly posted this confirmation on its website, which is now obligated to state (in relevant part):

Is New York residency or employment required to apply for a firearm license?

No. New York law does not require residency or in-state employment to apply for a firearm license. While the Penal Law directs applicants who live or work in New York to file their firearm application in the county of residence or principal place of employment, this provision does not exclude nonresidents from applying. Licensing officers may accept applications from nonresidents, and residency is not among the eligibility criteria for being issued a firearm license. Applications from nonresidents who do not live or work in New York should be evaluated under the same standards as all others.

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FPC Files Fifth Circuit Brief in Lawsuit Challenging Federal Ban on Interstate Handgun Sales

 

Firearms Policy Coalition (FPC) filed its opening brief with the Fifth Circuit Court of Appeals in Elite Precision Customs v. ATF, which challenges the federal laws prohibiting licensed firearm dealers from selling handguns to out-of-state buyers. FPC filed its appeal after the district court wrongly upheld the ban.

FPC is joined in this case by Elite Precision Customs LLC and two individual FPC members. The plaintiffs are represented by David H. Thompson, Peter A. Patterson, and William V. Bergstrom of Cooper and Kirk, PLLC, along with Cody J. Wisniewski of FPC Action Foundation and R. Brent Cooper of Cooper & Scully, P.C.

The brief was filed at the Fifth Circuit Court of Appeals, which is based in New Orleans and covers Louisiana, Mississippi, and Texas. Read more

FPC Argures Congress Can’t Enact Sweeping Gun Prohibitions

Firearms Policy Coalition (FPC) filed an amicus brief with the Supreme Court in United States v. Hemani, which challenges the federal ban on gun possession by marijuana users. FPC’s brief argues that the court does not need to decide the Second Amendment issue in this case because Congress lacks the Article I authority to enact the ban in the first place.

FPC is represented by Bradley Benbrook and Stephen Duvernay of Benbrook Law Group, PC.

The amicus brief was filed at Supreme Court in Washington, D.C., and the Court’s decision in this case will apply throughout the country.

FPC’s amicus brief was filed on January 30, 2026. Oral arguments in this case will take place at the Supreme Court on March 2nd, and the decision should be issued by the end of the court’s term in June.

A decision in Ali Danial Hemani’s favor could enable millions of peaceable people to exercise their Second Amendment rights. The full extent of the ruling will depend on the Supreme Court’s reasoning. Read more

United States Files Brief in Support of FPC’s Challenge to Massachusetts Handgun Ban

The federal government has filed an amicus brief with the First Circuit Court of Appeals in support of Firearms Policy Coalition’s (FPC) Granata v. Campbell lawsuit, which challenges Massachusetts’s ban on modern, constitutionally protected handguns. FPC’s appeal in this case was filed after the district court upheld the ban.

In the case of Granata v. Campbell, FPC is joined by two individual members as well as The Gun Runner, LLC, a retailer in the state. The parties are represented by David H. Thompson, Peter A. Patterson, and William V. Bergstrom of Cooper & Kirk, PLLC, along with Richard Cullin Chambers, Jr. of Chambers Law Office. Read more

South Dakota Moves to Deregulate Suppressors with Support from Silencer Central

Silencer Central, America’s leader in silencer sales and advocacy for suppressor ownership, proudly supports actions by the South Dakota legislature to deregulate these essential firearm accessories. Current law states that suppressors are legal only if the owner has the proper Federal Stamp. In 2026, the Federal Stamp fee was reduced to $0, bolstering the ongoing movement for full deregulation and removal of suppressors from the National Firearms Act (NFA), altogether. If successful, however, current state laws would not allow for new purchases of suppressors outside of the traditional NFA Federal Stamp process. And South Dakota is not alone. Read more

Reply Brief Filed with Supreme Court in Connecticut Firearms Ban Lawsuit

The Second Amendment Foundation (SAF) has filed a reply brief with the U.S. Supreme Court in Grant v. Rovella, SAF’s challenge to Connecticut’s so-called “assault weapons” ban.

SAF originally filed its cert petition in November last year urging the High Court to take the case and decide once and for all that AR-15-style rifles are most certainly in “common use” and therefore protected by the Second Amendment. In Connecticut it is a crime to sell, transfer, or possess so-called “assault weapons” in the state. Connecticut’s law specifies some firearms by name and identifies various features to define what it believes constitutes an “assault weapon.”

“There are tens of millions rifles in circulation across America that meet Connecticut’s made-up definition of ‘assault weapon,'” said SAF Executive Director Adam Kraut. “Given that these firearms are no different than any other semi-automatic firearm owned by citizens for self-defense, there is no doubt these arms are in ‘common use’ and are certainly covered under the Second Amendment. The Supreme Court has already stated that a firearm cannot be banned if it is in common use for lawful purposes, which is exactly what is happening in Connecticut and elsewhere across the country.”

As noted in the brief, “Given that millions of Americans own AR-15s and similar rifles, and most do so for defensive purposes…applying the correct “common use” standard, and situating it at the proper historical stage of Bruen’s framework, could change the outcome of this case.” SAF is joined in the case by the Connecticut Citizens Defense League and three private citizens.

“This is SAF’s second ‘assault weapons’ ban challenge we have before the Supreme Court for consideration,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The list of banned firearms in Connecticut – and elsewhere across the United States – make peaceable gun owners felons for simply owning certain types of arms for self-defense. This obstruction to the Second Amendment rights of Americans cannot be allowed to stand, and we are optimistic the Court will agree to hear at least one of our lawsuits in relation to these infringements on the right to keep and bear arms.” Read more

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