In a decisive move that reaffirms Kentucky’s proud heritage as a constitutional carry state and a bulwark for unalienable rights, Rep. TJ Roberts (R-Burlington) introduced House Bill 749 on February 25, 2026. This landmark legislation establishes an Office of Public Defense within the Kentucky State Police, tasked with acquiring and transferring modern, select-fire machine guns directly to law-abiding citizens. HB 749 is nothing short of revolutionary: it weaponizes a clear federal exemption to dismantle the artificial, unconstitutional barriers erected by the 1986 Hughes Amendment, restoring to Kentuckians the very arms the Founding Fathers intended for a well-regulated militia and the security of a free state.
Rep. Roberts, a steadfast defender of the Second Amendment who just days ago voted against HB 299, the GOP-backed bill criminalizing Glock switches, has long argued that law-abiding citizens deserve parity with the very tools carried by law enforcement and the military. “Federal law explicitly allows states to sell machine guns to their citizens,” Roberts declared upon filing the measure. His bill does exactly that, sidestepping the Hughes Amendment’s post-1986 registration ban through 18 U.S.C. § 922(o)(2)(A), which carves out transfers “to or by” a state or under its authority. No more overpaying for pre-1986 “transferables” that now fetch $25,000 to $60,000 on the collector market.
Kentucky residents who pass a standard background check may soon be able to purchase true military-pattern full-auto firearms at reasonable prices, AR-15/M16 platforms, squad automatic weapons (SAW), submachine guns, and the arms “in common use” for militia purposes.
The structure of HB 749 is elegant, efficient, and maximally freedom-oriented. It creates the Office of Public Defense inside the Department of Kentucky State Police, empowering the director to procure machine guns “of like kind” to those issued to law enforcement and the U.S. Armed Forces. Purchases will prioritize in-state manufacturers wherever possible, boosting Kentucky’s firearms industry and keeping tax dollars circulating locally. Qualified persons, any adult not prohibited from owning firearms under state or federal law, can buy these weapons at State Police facilities after a clean NICS check. Upon transfer, buyers receive an official state-issued certificate confirming the firearm was acquired “by” the Commonwealth, providing ironclad protection under the federal exemption.
Subsequent transfers between qualified Kentuckians are streamlined through the same office for a modest administrative fee, ensuring these modern arms remain in circulation among responsible owners. If a buyer later becomes prohibited, the bill requires the return of the firearm within seven days. Returned or forfeited guns are resold rather than destroyed, maximizing access and value for citizens. A dedicated Public Defense Fund, seeded by a reasonable surcharge on initial sales and capped administrative fees, covers operations without burdening general taxpayers, a fiscally conservative masterstroke.
For decades, the Hughes Amendment, rammed through on a disputed voice vote in 1986, has treated American citizens as second-class subjects, denying them the rapid-fire capability that criminals and terrorists obtain illegally with ease. Pre-1986 machine guns are collector items; post-1986 models manufactured for civilians have been verboten. HB 749 flips that script. By acting “by” the state, Kentucky nullifies the practical effect of the ban for its residents while remaining fully compliant with federal statute. Federal courts have never invalidated properly structured state transfer programs under this exemption, and with Bruen’s history-and-tradition test now the law of the land, machine guns invented in 1718 and used by American militias for centuries sail through constitutional scrutiny.
Kentucky’s bold step closely mirrors and builds upon West Virginia’s pioneering Senate Bill 1701, introduced just days earlier by Sens. Chris Rose and Zack Maynard with drafting assistance from Gun Owners of America (GOA).
That Mountain State legislation created its own Office of Public Defense to sell identical classes of modern machine guns to qualified residents, proving the model works in Appalachian terrain where rugged individualism runs deep. HB 749 adopts the same proven framework but tailors it to Kentucky’s larger population and robust State Police infrastructure, potentially making implementation even smoother across the Bluegrass. Where West Virginia led by lighting the fuse, Kentucky is ready to detonate the powder keg of restored liberty.
Critics from the gun-control lobby will predictably screech about “arming the streets” and “blood in the holler.” Their hysteria collapses under basic facts. These sales require the same rigorous background checks as every lawful firearm purchase. Criminals already possess full-auto capability through illegal conversions, 3D-printed parts, and black-market imports, the very devices HB 299 futilely targets. Law-abiding Kentuckians, however, have been priced out of modern defensive arms by federal overreach.
A well-armed populace is the ultimate deterrent: studies from constitutional carry states show violent crime rates dropping as lawful gun ownership surges. Historical precedent is overwhelming, from the minutemen at Concord who carried the era’s most advanced arms, to the Swiss citizen-soldiers who keep military select-fire rifles in their homes today.
The Second Amendment was never about hunting ducks or plinking at the range; it was written to ensure that the people could meet government force with equivalent firepower if tyranny ever threatened.
Economically, HB 749 is pure gold for Kentucky. Affordable machine guns will drive demand, spurring investment in local manufacturers, gunsmiths, and ranges. Freedom-minded Americans from restrictive states will travel here for training and purchases, boosting tourism and hospitality. Revenue from the Public Defense Fund strengthens public safety infrastructure without new taxes. And unlike the elitist pre-1986 market that reserves full-auto ownership for millionaires and celebrities, this program democratizes access exactly as the Founders intended when they rejected standing armies in favor of an armed citizenry.
Rep. Roberts’ consistency shines through. His opposition to HB 299 wasn’t about protecting criminals; it was about rejecting feel-good infringements that fail to disarm the bad guys while burdening the good. By introducing HB 749 immediately after that vote, he sends an unmistakable message: Kentucky will not erode the Second Amendment; it will expand and restore it. The bill’s findings implicitly echo the state constitution’s robust protection of the right to keep and bear arms “for the defense of themselves and the state.”
Passage of HB 749 would mark Kentucky as the second state in a rapidly growing freedom movement. Texas, Idaho, Montana, and others are watching. GOA and grassroots patriots across the Commonwealth are already mobilizing in support. Contact your state representative. Testify at committee hearings. The window is open now, while Republicans control the legislature, and Governor Beshear’s veto can be overridden.
The tree of liberty is watered not just with the blood of patriots, but with the resolute action of legislators willing to hand citizens the modern tools of self-defense and resistance. Kentucky’s HB 749 does precisely that. By following West Virginia’s courageous example in SB 1701, the Bluegrass State is declaring: American citizens are not subjects to be disarmed by federal fiat. We are sovereign people, entrusted by the Constitution with the arms necessary to remain free.
This is the fight for the Republic. Kentucky is answering the call. The rest of America should take note and follow.
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About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.
I think this is a great idea. In history, when 35 or more states adopt something contrary to federal law, the federal law changes. States can license private companies as “agents of the state” like they do MVD private offices in my state. The private offices can issue standard DLs and “real ID” DLs. No reason not to do machineguns the same way.
SCOTUS needs to get to work, and do their job, finding the NFA repugnant to the constitution and invalidating it entirely. This is incremental at best, and none of the states have passed these measures yet. How long till all 50 states do? Never, since some are controlled by civil rights violating democrats.
When the Founding Fathers wrote the 2nd Amendment, they had not just returned from a hunting trip, they had just liberated a nation.
I hope this works and more states follow suit.
SCOTUS better settle this 2A issue once and for all. They’re not making it any easier on themselves.
SCOTUS should be required to take more cases each year and work a full year without a summer hiatus.
Will owner still need to get NFA tax stamp? Will same restrictions apply as currently apply to collector items? I am referring to existing rules on interstate travel – getting pre-approval from ATF before transporting Machine Guns, SBRs or SBSs to different states – and updating registration if you move. Furthermore – does bill encourage sales and transfers to all comers or only state residents? If state money is being spent and purpose is to insure their state militia is well regulated – state might object to you taking your gun out of state. I personally would not object to… Read more »
Just imagine back in 1926, a 100 years ago, you could purchase a full auto firearm, a short barreled trapper lever action rifle and a sound suppressor with no federal forms to fill out, no back ground checks, no waiting periods and crime was much lower than it is today.
Also, you could walk to the bank and get a $10 dollar gold coin for $10.00 ! Same coin today would be estimated $2600!
You could get a $20 dollar gold coin for $20.00 ! Now it would cost you $5,500 !!
While politicians and judges run around with their hair on fire, pro-2A pundits will shout it is our God given right and tyranny loving liberals march with profane signs claiming that blood will run in our streets, no one will stop to ask or even contemplate: Why was the bump stock invented? What was the impetus for the binary trigger? Why would someone create a Forced Reset Trigger or a Super Safety? The simple answer is the Hughes amendment. Just making something restricted increases it’s demand and the creation of alternatives. Machine guns were not in demand before the Hughes… Read more »
In the current environment, if a dealer or manufacturer with an SOT engages in sales to and from a government agency, there are still NFA forms to be processed, a Form 5 I believe. While I like the way that WV and KY are approaching this, I am not certain that NFA paperwork will not still be required, either Form 5 or Form 4. One might argue that no interstate commerce is involved, but that argument has not been made for agency transfers with SOTs over the last 40 years. Curious as to what others think on this point.
What is it about guns that makes liberals always refer to the police?