Key Takeaways
- West Virginia Senate introduces Senate Bill 1071 to create a system for citizens to acquire machine guns through a state-run Office of Public Defense.
- The office would manage machine gun purchases and transfers, requiring background checks under state law for eligibility.
- The bill emphasizes Second Amendment rights and cites the need for citizens to possess arms for state defense purposes.
- A $250 surcharge on each sale will fund the program, along with an administrative fee capped at $50.
- The legislation remains in early stages, pending committee hearings and votes in the Senate.
Estimated reading time: 4 minutes
CHARLESTON, WV – A new bill supported by Gun Owners of America (GOA) and allied lawmakers has been introduced in the West Virginia Senate that would create a state-run system allowing qualified citizens to acquire machine guns through a government office.
Senate Bill 1071, titled the Public Defense and Provisioning Act, was introduced February 23, 2026, by Senators Rose and Z. Maynard. The legislation was announced by Gun Owners of America as part of an effort to expand recognition of Second Amendment protections at the state level.
The bill has been referred to the Senate Judiciary Committee and then to the Finance Committee for further consideration.
The legislation proposes creating an Office of Public Defense within the West Virginia State Police. The office would be responsible for acquiring and transferring machine guns to individuals legally eligible to possess firearms under both state and federal law.
Under the bill, a “Qualified Person” is defined as anyone eligible to purchase and possess firearms under existing West Virginia and federal statutes.
The proposed office would purchase machine guns and make them available for sale at State Police troop headquarters across the state. Transfers would require verification through the same background check process currently used for firearm purchases under state law.
The bill specifies that firearms transferred under the program would be considered transfers made “by” and “under the authority of” the State of West Virginia. Legislative findings cite federal statutes permitting possession or transfer of machine guns when conducted under state authority.
The legislation includes extensive constitutional findings referencing District of Columbia v. Heller, stating that the Second Amendment protects the right of the people to keep and bear arms and applies broadly to Americans. The findings also state that the term “arms” includes modern firearms and emphasize historical expectations that citizens possess arms comparable to those used by government forces.
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According to the bill text, lawmakers argue it is in the public interest for citizens to be equipped to assist in the defense of the state and maintain the security of a free society.
The Office of Public Defense would operate distribution facilities, verify eligibility, and issue certificates documenting lawful transfers. Records containing personal identifying information would generally be destroyed after five years, with limited retention tied to transfer certification.
A $250 surcharge would be added to each machine gun sale to fund program operations, along with an administrative fee capped at $50. Revenue would be deposited into a newly created Public Defense Fund used to administer the program.
The bill also establishes procedures for inheritance, subsequent transfers, and requirements for returning a machine gun if an owner later becomes prohibited from possessing firearms.
Current West Virginia law makes possession of a machine gun unlawful unless a person complies with federal law or state authorization. Senate Bill 1071 would amend state law to recognize transfers conducted under the proposed program.
The legislation remains in the early stages of the legislative process and has not yet received committee hearings or votes.
From a constitutional standpoint, the proposal reflects an effort supported by Second Amendment advocates, including Gun Owners of America, to reinforce the principle that the right to keep and bear arms is a fundamental civil right. The bill’s findings emphasize that lawful citizens retain the right to possess modern bearable arms suitable for the defense of themselves and their state.
