West Virginia SB 1071

Key Purpose and Provisions

The bill creates an Office of Public Defense (OPD) within the West Virginia State Police, directed by the Superintendent or a designated Director. The office’s primary role is to acquire and transfer (sell) machine guns (fully automatic firearms) to qualified persons — defined as adults legally eligible to possess firearms under state and federal law (essentially passing a background check and not prohibited persons).

• Legal Basis: It explicitly relies on the federal exception in 18 U.S.C. § 922(o)(2)(A) (part of the Hughes Amendment to the Firearm Owners’ Protection Act of 1986), which prohibits new machine guns for civilians post-1986 but exempts transfers “to or by” a state or its subdivisions. This allows state governments to make such transfers without violating the federal ban. Transfers would also bypass the standard $200 NFA tax stamp for government-origin transfers.
• Types of Machine Guns: Focuses on those “in common use” by law enforcement or the U.S. Armed Forces, including (but not limited to) AR-15/M16-platform, M249-type (SAW/squad automatic), and MP5-type. The Director can add others deemed useful for “protecting the security of a free State.”
• Prioritization: Purchases should prioritize West Virginia-based manufacturers and dealers when practicable, aiming to boost local economy.
• Process and Fees: Buyers pay a $250–$275 surcharge/fee (sources vary slightly on exact amount; bill text specifies $250 added to price, paid into a fund). Distribution occurs at State Police locations or designated points. Future transfers by buyers must go through an OPD location.
• Other Details: Amends state code §61-7-9 (related to prohibited weapons) to enable this. Emphasizes Second Amendment and WV Constitution Article III, Section 22 rights for defense of self, family, home, and state.

Current Status (as of February 27, 2026)

• Introduced February 23 and immediately referred to the Senate Judiciary Committee (then potentially Finance).
• Judiciary Chairman Tom Willis initially scheduled a vote (prompting GOA alerts to thank/support him).
• As of today (late February 27), the bill was pulled from consideration by Sen. Willis, citing lack of “consensus.” Gun Owners of America (GOA) reports internal lobbying opposition (including from some “pro-gun” groups/lobbyists in Charleston) and is urging urgent calls to push for a recorded vote and revival.
• No passage yet; it’s stalled in committee with the session moving quickly.

Support and Opposition

• Strong Backing: Primarily from Gun Owners of America (GOA), which drafted the bill and calls it a model for other states to “un-ban” post-1986 machine guns. They frame it as restoring armament parity, economic opportunity (revenue, jobs in WV manufacturing), and true 2A implementation without raising taxes.
• Media/Commentary: Coverage from outlets like Guns.com, WBOY, WHOV, and YouTube channels (e.g., Washington Gun Law’s William Kirk) discusses legality, potential challenges, and boldness. Pro-2A voices see it as groundbreaking; skeptics question ATF enforcement risk or practicality.
• Criticism: Some internal GOP/pro-gun pushback (per GOA alerts) led to the pull. Broader concerns might include federal ATF interpretation (despite the statutory exemption), logistics, or political optics.

Full introduced bill text is available here: https://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=sb1071+intr.htm&i=1071&sesstype=RS&yr=2026

For real-time updates, check the WV Legislature bill history: https://www.wvlegislature.gov/Bill_Status/bills_history.cfm?input=1071&year=2026&sessiontype=RS.