Can You Buy a Machine Gun in West Virginia? New Bill Says Yes

Legislation was introduced in the West Virginia Senate that would not only allow citizens to legally own machine guns but also allow the state to sell them directly to the public.

Introduced by Senators Chris Rose (R-Monongalia) and Zack Maynard (R-Lincoln), SB 1071 would create a state-run office — known as the Office of Public Defense — which would act as a distribution center, purchasing machine guns and selling them to the public.

Housed under the State Police, the office would allow citizens who are legally able to purchase guns under West Virginia and federal law to purchase machine guns currently in use by law enforcement and the military from the state, including:

• AR-15/M16 rifles
• M249-type firearms
• MP5 platform

But the office would not be limited to just those types. According to the bill, other firearms could be added based on the office director’s discretion.

The state would tack on a $250 surcharge per gun in addition to the price, as well as up to $50 in admin costs. Private transfers would also be facilitated through the office for a fee of $275.

Is Selling Machine Guns Legal?

The Hughes Amendment, filed under the Firearm Owners Protection Act of 1986, banned the sale of post-1986 machine guns to civilians. But supporters of the bill say the amendment’s language offers some leeway.

Specifically, the Hughes Amendment states that the prohibition on machine guns “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.”

By establishing a state-run office that acts as a distribution center, the bill would skirt the Hughes Amendment and grant access to those previously prohibited firearms.

Gun Owners of America drafted the legislation, pointing to the nation’s history of selling surplus military firearms to civilians, and saying it’s time for federal overreach to end.

“The plain text of Section 922(o) makes clear that its prohibition does not apply to transfers conducted by a State,” Chris Stone, Director of State Affairs for Gun Owners of America, said in a statement.

“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.”

The bill was introduced in late February and is currently under review by the Judiciary Committee.

Additional Resources

• SB 1071
• H.R. 4332 – Firearms Owners’ Protection Act
• GOA Press Release

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