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Gun Owners of America is backing a bold new bill in West Virginia that could reopen the door to lawful machine gun transfers. Without repealing federal law.
The legislation, SB 1071, would authorize the creation of a state entity to purchase and transfer machine guns to qualified law-abiding citizens under existing federal statutes. According to Gun Owners of America (GOA), the proposal is carefully structured around a specific exemption written into federal law.
At the center of the debate is 18 U.S.C. § 922(o), commonly known as the Hughes Amendment, which generally prohibits civilian possession of machine guns manufactured after May 19, 1986. But the statute includes an exception: the prohibition does not apply to transfers “to or by, or possession by or under the authority of” a State or political subdivision.
SB 1071 would rely on that language.
Under the proposal, West Virginia would establish state-run distribution centers authorized to acquire machine guns and conduct transfers “by” the State to qualified members of the public. Supporters argue that if the transfer is conducted under state authority, it fits squarely within the statutory exemption.
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Erich Pratt, Senior Vice President of GOA, framed the bill as a direct challenge to decades of accepted interpretation.
“For decades, Americans have been told that the 1986 machine gun ban permanently stripped them of access to modern arms,” Pratt said. “But Congress included an explicit exemption for transfers ‘to or by’ a State, and that language matters.”
GOA’s Director of State Affairs, Chris Stone, added that the effort is rooted in “plain text” statutory construction and an understanding of the Second Amendment that traces back to early American militia laws.
Supporters point to the Militia Act of 1792 and historic surplus arms sales as evidence that the Founders envisioned citizens equipped with contemporary military arms. Critics, however, will almost certainly argue that Congress never intended the state-transfer exemption to function as a workaround for civilian machine gun access.
The legal fight, if the bill advances, would likely be immediate.
At minimum, SB 1071 tests whether states can use existing federal language to expand access to heavily regulated firearms. At maximum, it could trigger a direct showdown over the Hughes Amendment itself.
Either way, West Virginia just entered the machine gun debate in a way few states have attempted.
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is a seasoned outdoorsman, lifelong hunter, and the kind of guy who’d rather track whitetails than scroll social media. As an editor for GunsAmerica, he’s got a sharp eye for spotting both solid gear and bad gun laws. Whether he’s deep in the woods or deep in editorial deadlines, Larry brings a no-nonsense, tell-it-like-it-is approach to firearms, hunting, and the great American tradition of self-reliance. If there’s a hot debate on gun rights or the latest in hunting tech, you can bet Larry’s got an opinion—and it’s probably backed up with both facts and field experience.
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The author of this article clearly has not done their homework into this question. Let me be clear, I could think of nothing better than eliminating the Hughes Amendment in the spirit of the broader NFA reform which has occurred effective 2026. There are implications here which could run into 10th Amendment questions, among others of course. However- this stunt has been tried in the past. I refer the reader (and the article’s author) to a July 2021 open letter published by ATF to Texas FFL’s concerning HR 957, which essentially sought to bypass NFA requirements on suppressors by avoiding the “interstate commerce clause” thus there would be not evidence offered as to the “interstate nexus” and thus perfecting the argument a Federal prosecution would not be possible, this open letter reminds the reader ATF does not see it that way.
In 2009 ATF published an open letter addressed to Montana FFL’s reminding them of potential conflicts between Montana House Bill 246 and the GCA/NFA, essentially to the same point. Ditto with Tennessee’s Firearms Freedoms Act and Wyoming’s own similar law as well. What is needed is a legislative remedy to affirm rescind current laws. This means it is essential the GOP retain control of the House and Senate this midterm election.
So, we can all agree there has been great strides in 2nd Amendment questions in recent years, i.e. bump stocks and NFA reforms; we need someone who will be willing to risk life and liberty to become the test case to try to government on this question. Remember- this prosecution need not happen right now, it could happen years from now if the political climate were to shift. Any volunteers?
Boy are you going to piss off a lot of people who spent a lot of money to have a machine gun transferred to them. I think I’ll hold back on my $50K purchase of an MP5 to see how this shakes out. Even if I have to temporarily move to West Virginia, lol
Exactly! For selfish reasons, the owners of transferable MGs ain’t going to like this one bit! And I don’t blame them… If I had just paid $35K for a mint condition Colt M-16, I wouldn’t want it to suddenly be worth $650 tomorrow morning. The writers of the FOPA of 1986 knew exactly what they were doing.
well toss the firearms act then no need for loopholes. c’mon ohio start doing the same thing!