Gun Owners of America (GOA) announced its strong support for newly introduced legislation in West Virginia on February 20, 2026. The bill would establish state-run entities (like ABC stores in other states that sell liquor) to purchase and transfer fully automatic machine guns to qualified, law-abiding private citizens. This approach aims to utilize a specific exemption in federal law under 18 U.S.C. § 922(o), known as the Hughes Amendment, which has prohibited the registration of new machine guns for civilian ownership since 1986.
The press release from GOA, issued from its Springfield, Virginia headquarters, describes the proposal as a way to restore access to what supporters call constitutionally protected arms. It leverages language in the federal statute stating that the machine gun prohibition “does not apply with respect to … a transfer to or by, or possession by or under the authority of” a state or its political subdivisions.
Under the bill’s framework, West Virginia would create authorized distribution centers. These state-operated facilities would acquire machine guns, potentially including newly manufactured ones, and conduct transfers “by” the state directly to eligible members of the public. Supporters contend this structure falls squarely within the statutory exception, allowing compliant transfers while complying with federal requirements such as background checks, the $200 National Firearms Act (NFA) tax stamp, and approval processes administered by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
GOA Senior Vice President Erich Pratt emphasized the significance in a prepared statement: “For decades, Americans have been told that the 1986 machine gun ban permanently stripped them of access to modern arms. But Congress included an explicit exemption for transfers’ to or by’ a State, and that language matters. West Virginia is demonstrating that states have both the authority and the responsibility to defend the Second Amendment, restore parity between citizens and the government, and lead the way in dismantling unconstitutional federal overreach.”
Chris Stone, GOA’s Director of State Affairs, added: “The plain text of Section 922(o) makes clear that its prohibition does not apply to transfers conducted by a State. 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 proposal draws on historical precedents for government-supplied arms to civilians. GOA points to the Militia Act of 1792, which required able-bodied men to equip themselves with military-grade weapons, and to periods of surplus military firearm sales to private citizens throughout U.S. history. Advocates argue that the Founding Fathers envisioned an armed citizenry capable of militia service, with access to arms comparable to those used by government forces.
The 1986 Hughes Amendment, attached to the Firearm Owners’ Protection Act (FOPA), closed the registry for new civilian machine guns after May 19, 1986. Only pre-1986 registered machine guns, roughly 200,000 to 300,000 transferable examples, remain legally available to civilians under the NFA process. These often command prices of $20,000 or more due to scarcity.
West Virginia has maintained a pro-Second Amendment legislative track record in recent years, including constitutional carry since 2016 and efforts to limit local gun restrictions. Related 2026 bills include House Bill 4185, which seeks to repeal the state’s own ban on machine gun possession (though federal law would still apply), and other measures like the Second Amendment Preservation Act (Senate Bill 850) and Second Amendment Reaffirmation and Protection Act variants that challenge federal overreach on intrastate firearm transactions.
If enacted, the GOA-backed measure could represent one of the most direct state-level challenges to the post-1986 civilian machine gun restrictions. Legal experts note that, while the statutory exemption exists, the ATF and the Department of Justice have historically interpreted § 922(o) narrowly, viewing state-facilitated transfers to private citizens as a potential circumvention of congressional intent. Such a program would likely trigger federal scrutiny, possible litigation, or enforcement actions.
Supporters say that qualified transfers would follow strict NFA protocols, including extensive vetting, and that law-abiding citizens should not face permanent disarmament relative to government entities that retain access to such firearms for law enforcement and military use.
GOA, a nonprofit lobbying group with millions of members and a reputation for an uncompromising stance on gun rights issues (often contrasting with more moderate organizations like the NRA), positions the West Virginia effort as part of a broader pushback against perceived federal infringements.
As of February 20, 2026, specific bill numbers, sponsors, or full legislative text for the state-transfer mechanism were not immediately detailed in public records beyond GOA’s announcement. The proposal arrives amid a busy 2026 West Virginia legislative session addressing various firearm-related measures, from concealed carry expansions for younger adults to broader preemption of federal gun laws.
The development underscores ongoing tensions between state sovereignty claims and federal firearms regulation. Whether West Virginia advances this novel approach and whether it withstands legal challenges could influence similar efforts in other gun-rights-friendly states.
West Virginia Introduces Bill to Repeal the State’s Machine Gun Ban
The Deadly Fraud of Forced Helplessness: Why “Gun-Free” Zones are a Gift to Killers
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.
This is great news. Mississippi may soon allow legal out of state purchases of hard liquor, so I can get every thing I need at ABC Machineguns and Liquor in West Virginia, with the click of a mouse.
HLB
If this succeeds then GOA should be nominated for hero of the year.
That would be great. Lots of work to do. We better get it done before war with China. This could make West Virginia one of the wealthiest states in the union!!!
What a great idea! I hope this passes and spreads to other states!
The one thing my state does right is support the 2a.
Smart money says this bill never makes it out of committee to see a vote though. Even though it would do wonders for the economy.
“Potentially including newly manufactured ones.” If they don’t include new, what would be the point?
Forty year old gun for $20k versus brand new only slightly more than semiauto versions. Maybe even for less as state can likely get “blue light” specials or other negotiated pricing for bulk purchases.
ATF has to approve all NFA transfers. They will not approve a post-1986 machine gun transfer to an individual who is not a class 2 NFA manufacturer or class 3 NFA dealer. I don’t see how this pending legislation in WV changes anything, but I suspect one purpose of it may be to force the federal government’s hand regarding what constitutes a militia and to what extent and in what manner a state arm can arm its militia members. It will be interesting to watch, but I strongly suspect the Feds will say NYET!