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
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