In a bold move that could position West Virginia as the undisputed leader in Second Amendment protection, state Senators Chris Rose and Zack Maynard introduced Senate Bill 1071 on February 23, 2026, the final day for new Senate bills this session. Titled the Public Defense and Provisioning Act, SB1071 would create a state-run Office of Public Defense within the West Virginia State Police to procure and sell modern, select-fire machine guns directly to qualified, law-abiding citizens.
The bill is now bottled up in the Senate Judiciary Committee, chaired by Sen. Tom Willis (R-Berkeley). Without a public hearing and swift advancement, this historic legislation will die before it ever reaches the floor. That is why every gun owner, hunter, veteran, and freedom-loving West Virginian must immediately pick up the phone and email Chairman Willis at 304-357-7867 and [email protected].
Tell him clearly: “Schedule a hearing for SB1071 now. West Virginians demand the right to defend themselves with the most effective arms available under the law.”
This is not hyperbole. SB1071 represents one of the most significant opportunities in decades to reclaim ground lost to federal overreach. For nearly 40 years, the 1986 Hughes Amendment has banned civilians from purchasing newly manufactured machine guns. Pre-1986 transferable machine guns now sell for tens of thousands of dollars due to artificial scarcity. The result? Only the wealthy elite or those who already own them can afford true select-fire capability.
SB1071 flips the script using the very language Congress wrote into federal law. The Hughes Amendment, codified at 18 U.S.C. § 922(o), explicitly states 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 any department or political subdivision thereof.”
The bill creates a state agency that purchases machine guns and transfers them “by” and “under the authority of” the State of West Virginia. These transfers are therefore fully compliant with federal law and, critically, exempt from the National Firearms Act’s $200 transfer tax because they are government-facilitated.
The bill’s legislative findings lay out the constitutional case in crystal-clear terms. Citing District of Columbia v. Heller, it reminds lawmakers that the Second Amendment protects “all instruments that constitute bearable arms,” including those “not in existence at the time of the founding.” Machine guns are the very “arms of modern warfare” that the Founders intended citizens to possess to maintain a well-regulated militia capable of repelling invasions, suppressing insurrections, and resisting tyranny. West Virginia’s own Constitution, Article III, Section 22, guarantees the right to keep and bear arms for “defense of self, family, home and state, and for lawful hunting and recreational use.”
Qualified persons, any adult who can legally possess firearms under state and federal law, would undergo standard background checks at State Police troop headquarters. The Office would, where possible, prioritize West Virginia manufacturers, operate distribution points using existing facilities, and issue official state certificates of transfer. Subsequent transfers between qualified citizens would require a simple $275 re-transfer fee through the Office (waived for heirs). A $250 surcharge per gun plus a modest administrative fee (capped at $50) would flow into a new Public Defense Fund to cover costs, generating revenue for the state without raising taxes.
Gun Owners of America (GOA), which drafted the bill, calls it a “smart, lawful approach that operates within the language already written into federal law.” Erich Pratt, GOA’s Senior Vice President, and state allies emphasize that this is not about expanding government bureaucracy. No new buildings or massive staff are needed. It uses existing State Police infrastructure. Yet the economic upside is enormous: affordable machine guns will draw new residents, boost firearm manufacturers, create jobs in sales, training, and ranges, and position West Virginia as a Second Amendment destination. Imagine gun enthusiasts from across the country flocking to the Mountain State to purchase and train with equipment previously reserved for the ultra-wealthy or law enforcement.
Critics will scream “machine guns for civilians!” But the facts destroy that hysteria. Law-abiding citizens have owned fully automatic firearms since the founding of the United States. The federal government itself has long allowed states, municipalities, and even universities to possess machine guns. The U.S. military routinely transfers automatic weapons to National Guard units and police departments.
Why should ordinary citizens, the ultimate militia, be denied the same tools?
West Virginia’s proud heritage of independence makes this bill a perfect fit. From the coal fields to the hunting camps, Mountaineers have always understood that freedom requires the means to defend it. SB1071 honors that spirit. It says to every veteran who carried an M4 in combat: “You defended us with these arms; now you can own them too.” Tells every mother protecting her family: “You don’t have to settle for semi-auto when the law allows better.” It tells tyrants and criminals: “In West Virginia, the people are armed as the Founders intended.”
The timing could not be more critical. The 2026 Regular Session began January 14 and adjourns March 14. Bills must exit committees by the 47th day (early March). SB1071 was introduced on the 41st day. Every hour counts. Without a hearing in the Judiciary, it cannot advance to Finance or the full Senate. Chairman Willis holds the gavel. He decides the agenda. He decides whether West Virginians get to testify in support.
That is why your voice matters right now. One call or email is good. Ten calls from your gun club are better. A coordinated flood from every county is unstoppable. When the phone lines light up and inboxes overflow with polite but firm constituent demands, committees move. History proves it.
Contact Chairman Tom Willis today:
Phone: 304-357-7867
Email: [email protected]
Sample script: “Chairman Willis, I am a law-abiding gun owner. SB1071 is a common-sense, constitutionally sound bill that uses existing federal law to restore access to modern firearms for qualified citizens. Please schedule a hearing immediately and move it forward. West Virginians are watching, and we expect real leadership on the Second Amendment.”
Copy your own senator and representative, too, but prioritize the Chairman. He is the gatekeeper.
This fight is bigger than one bill. If West Virginia succeeds, other pro-gun states will follow. The roadmap is set: state agencies can legally transfer machine guns to citizens. The Hughes Amendment’s stranglehold begins to crack.
Opponents of gun rights know this. They will lobby quietly against a hearing. They hope apathy wins. Do not let them. West Virginia’s motto is “Mountaineers Are Always Free.” Prove it.
Gun owners built this state’s reputation for fierce independence. Now is the moment to defend it legislatively. Pick up the phone. Send the email. Do it today. Do it tomorrow. Keep doing it until Chairman Willis schedules the hearing.
The future of the Second Amendment in West Virginia and potentially the nation hangs in the balance. Let your voices be heard loud and clear in Charleston.
GOA Backs West Virginia Bill to Allow State-Facilitated Machine Gun Transfers for Civilians
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.
