GunsBill Would Use Loophole to Restore Machine Gun Transfers

Bill Would Use Loophole to Restore Machine Gun Transfers

-


Estimated reading time: 3 minutes

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.

States can and should sell machine guns to the general public.” — GOA

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.

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.

*** Buy and Sell on GunsAmerica! ***

Available on GunsAmerica Now

https://gunsamerica.com/listings/search



Source link

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Latest news

Brent Metz Convicted in Colorado Shooting Case

Estimated reading time: 3 minutes Earlier this month, a Colorado jury convicted a gun owner...

White Sox Added to CCRKBA’s ‘Don’t Feed Them’ List

Estimated reading time: 2 minutes The Chicago White Sox have landed on the Citizens Committee...

The Long Work That Wins The Short Fight » Concealed Carry Inc

The defender in our determined-mindset piece won his fight in two seconds. He had to. The carjacker gave him...

Florida Gun Owner Jailed 14 Days After NICS False Denial

Estimated reading time: 3 minutes Imagine being arrested, jailed, and forced onto an ankle monitor....

PMC Bronze .223 Rem 55gr FMJ BT 1,000 Rounds – $441.27 w/ Code

Limited Time Deal If you’ve been waiting to stock up on affordable .223 for training and range days, this...

Virginia Claims State Constitution Does Not Protect Individual Gun Rights in Crump v. Katz

Virginia gun owners are getting a clear look at how far the Commonwealth is willing to go to...

Must read

Brent Metz Convicted in Colorado Shooting Case

Estimated reading time: 3 minutes...

You might also likeRELATED
Recommended to you