A measure that would make it legal to purchase new machine guns in West Virginia is making its way through the legislature and also catching the interest of some other states.
In May 1986, the purchase of new machine guns was banned by the federal government. But, within the ban, there is an exception. States, and those who are “under their authority,” may possess machine guns according to federal law.
According to a national alert from Gun Owners of America (GOA), while a transfer of a machine gun from a dealer or a fellow citizen might be prohibited, an exception exists for states to transfer machine guns to individuals. And the best part? The federal government agrees.
“In a recent lawsuit, the Department of Justice argued that the ban on machine guns does not apply to transfers done by the government,” the GOA alert stated. “This means you can own a machine gun, no more ridiculous prices, no collectors tax.”
Following GOA’s prompting, lawmakers in West Virginia recently introduced SB 1071, which would create State-Operated Machine Gun Stores. In a nutshell, the measure would create an Office of Public Defense that would have the authority to sell and transfer machine guns to qualified law-abiding adults.
“SB 1071 is one of the most important opportunities our state has had in a long time to restore freedom, strengthen our economy, and show the rest of the country what responsible lawful leadership looks like,” GOA wrote in a West Virginia state alert. “This bill is built on a smart, lawful approach that operates within the language already written into federal law. We are not rewriting rules, and we are not inventing new authority; we are using the framework that already exists, and that makes this effort hard for opponents to challenge!”
According to GOA, passage of the bill would be a win for not only lawful gun owners who want to own a machine gun, but also for the Mountain State’s budget.
“SB 1071 is a serious economic opportunity for West Virginia,” GOA wrote. “It can generate major revenue for the state, firearm manufacturers, and gun dealers, attracting new residents and new businesses, and helping relieve budget pressure without raising taxes. It does not require new buildings, new staff, or a large expansion of government.”
The measure easily passed the Senate Judiciary Committee. Unfortunately, according to GOA, it then hit a roadblock.
“Somehow, despite a live vote proving that SB 1071 had passed the Judiciary committee with overwhelming majority support, the bill has mysteriously ‘disappeared’ and never arrived in the Finance Committee,” GOA reported in a subsequent state alert. “There are numerous players in this game of lies and deceit, but our only chance to save the machine gun sales bill at this point is to contact the Senate President, Randy Smith, and demand that he bring SB 1071 to an immediate floor vote.”
After the introduction of the West Virginia measure, Kentucky lawmakers have also latched onto the idea. On February 25, Republican Kentucky state Rep. TJ Roberts introduced House Bill 749, creating an Office of Public Defense within the Kentucky State Police, tasked with acquiring and transferring modern, select-fire machine guns directly to law-abiding Kentuckians.
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