West Virginia Republican Senators Chris Rose and Zack Maynard have introduced Senate Bill 1071, known as the Public Defense and Provisioning Act, which would authorize the state to sell modern machine guns to law-abiding citizens. The legislation utilizes a specific federal exemption in the Hughes Amendment to create state-operated distribution centers at State Police Troop Headquarters for the sale of firearms like M16s and MP5s.
CHARLESTON, WV (4-minute read) — In what could be the most aggressive state-level Second Amendment push in decades, West Virginia lawmakers have introduced legislation to effectively “un-ban” machine guns for qualified residents. Senate Bill 1071, titled the Public Defense and Provisioning Act, was filed on February 23, 2026, by Senators Chris Rose and Zack Maynard. The bill, which was authored with assistance from Gun Owners of America (GOA), seeks to establish a state-run entity authorized to acquire and transfer fully automatic firearms to citizens eligible under state and federal law.
At its core, the legislation hinges on a specific legal “hack” within the 1986 Hughes Amendment (18 U.S.C. § 922(o)). While the federal law generally prohibits the civilian possession of machine guns manufactured after 1986, it provides an express exemption for transfers made “by or under the authority of” a State. By creating an “Office of Public Defense” within the West Virginia State Police, the bill structures these sales as official state transfers, theoretically bypassing the federal ban while maintaining compliance with the letter of the law.
Arming the “Militia” with Modern Arms
The bill is grounded in the historical understanding of the Second Amendment and Article III, Section 22 of the West Virginia Constitution, which views a capable, armed citizenry as essential to the security of a free state. If passed, the Superintendent of the West Virginia State Police would oversee distribution stations at each State Police Troop Headquarters throughout the state.
Available firearms would include:
- AR-15/M16-platform machine guns
- M249 SAW-type light machine guns
- MP5-type submachine guns
These firearms would be sold with a $250 surcharge intended to fund the program and state defense initiatives. Transfers would require the same background check process as any other firearm purchase in the state.
Supporters like GOA’s Erich Pratt argue that this bill restores the “parity” between citizens and the government that the Founders intended. Opponents are likely to argue that the legislation invites a massive legal confrontation with the Department of Justice over the definition of “state authority”. Currently, the bill has been referred to the Senate Judiciary Committee for further consideration.
Safety Tip: The potential for civilian ownership of modern machine guns brings a massive responsibility for training and safety. Automatic fire requires significant recoil management and situational awareness that exceeds standard semi-automatic proficiency. If you are a resident of a state moving toward expanded rights, prioritize high-volume training on “controlled bursts” and ensure your storage solutions are robust enough to prevent unauthorized access to these high-value tools. Responsible ownership is the only way to prove that “more rights” does not mean “less safety.”
