West Virginia Bill Seeks To Restore Civilian Machine Gun Access In Challenge To Federal Ban

(RightwingJournal.com) – West Virginia senators just introduced a bold bill to restore machine gun rights to law-abiding citizens, striking back against decades of federal overreach under the Hughes Amendment.

Story Highlights

Senators Chris Rose and Z. Maynard introduced SB 1071 on February 23, 2026, backed by Gun Owners of America (GOA).
The bill creates a state Office of Public Defense to buy and sell machine guns to qualified citizens, using a federal exemption in 18 U.S.C. § 922(o).
Sales would occur at State Police headquarters after background checks, prioritizing in-state dealers and generating revenue through surcharges.
This challenges the 1986 Hughes Amendment ban on new civilian machine gun registrations, affirming Second Amendment protections for modern arms.

Bill Introduction and Key Provisions

Senators Chris Rose and Z. Maynard introduced SB 1071 in the West Virginia Senate on February 23, 2026. Gun Owners of America drafted the legislation to establish the Office of Public Defense. This state entity would acquire machine guns, including military-style models like the M16 and M249, and sell them to eligible, law-abiding citizens. Transfers occur through state-run distribution stations at State Police headquarters. Buyers undergo existing background checks to ensure eligibility. The approach leverages a federal exemption for transfers “by” a state or subdivision under 18 U.S.C. § 922(o)(2)(A).

Historical Context of the Hughes Amendment

Congress passed the Hughes Amendment on May 19, 1986, as part of the Firearms Owners’ Protection Act. It banned new machine gun registrations for civilians manufactured after that date. Government entities retained access, creating an imbalance that GOA calls unconstitutional. Section 922(o) explicitly exempts transfers “to or by” states or their subdivisions. West Virginia’s bill exploits this plain language to restore civilian access without repealing federal law. The state’s constitution, Article III Section 22, protects rights to “arms of modern warfare,” justifying public access akin to law enforcement use.

Stakeholders and Motivations

Gun Owners of America leads the effort, with Senior VP Erich Pratt and Director of State Affairs Chris Stone championing the bill. They argue it dismantles federal overreach by honoring the exemption’s text. Sponsors Rose and Maynard defend state sovereignty and Second Amendment parity. The proposed Office of Public Defense funds operations through $250 surcharges on sales, directing revenue to a Public Defense Fund. GOA urges West Virginia gun owners to contact legislators for passage. State Police would manage verification and storage, while in-state manufacturers and dealers gain priority.

The bill positions West Virginia as a leader in gun rights amid President Trump’s 2026 pushback against past leftist restrictions. GOA views this as progress toward gutting the National Firearms Act, aligning with conservative values of individual liberty and limited federal power. Supporters emphasize self-defense needs match those of government forces.

Potential Impacts and Challenges

Short-term, SB 1071 promises state revenue from millions in projected sales. Long-term, success could inspire other states, expand civilian machine gun ownership, and force federal review of the Hughes Amendment. West Virginia gun owners stand to benefit most, enhancing personal and community defense. The firearms industry sees a new market for post-1986 models. Critics, including potential ATF challenges, predict legal fights over exemption interpretation. GunsAmerica reports note the bill tests the loophole, likely sparking immediate court battles. No ATF response exists as of February 24, 2026. Passage depends on the legislature and governor’s signature.