Gun House owners of America (GOA) introduced its robust help for newly launched laws in West Virginia on February 20, 2026. The invoice would set up state-run entities (like ABC shops in different states that promote liquor) to buy and switch totally automated machine weapons to certified, law-abiding personal residents. This method goals to make the most of a particular exemption in federal legislation underneath 18 U.S.C. § 922(o), often called the Hughes Modification, which has prohibited the registration of recent machine weapons for civilian possession since 1986.
The press launch from GOA, issued from its Springfield, Virginia headquarters, describes the proposal as a solution to restore entry to what supporters name constitutionally protected arms. It leverages language within the federal statute stating that the machine gun prohibition “doesn’t apply with respect to … a switch to or by, or possession by or underneath the authority of” a state or its political subdivisions.
Below the invoice’s framework, West Virginia would create licensed distribution facilities. These state-operated services would purchase machine weapons, doubtlessly together with newly manufactured ones, and conduct transfers “by” the state on to eligible members of the general public. Supporters contend this construction falls squarely throughout the statutory exception, permitting compliant transfers whereas complying with federal necessities akin to background checks, the $200 Nationwide 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 emphasised the importance in a ready assertion: “For many years, Individuals have been instructed that the 1986 machine gun ban completely stripped them of entry to fashionable arms. However Congress included an express exemption for transfers’ to or by’ a State, and that language issues. West Virginia is demonstrating that states have each the authority and the duty to defend the Second Modification, restore parity between residents and the federal government, and paved the way in dismantling unconstitutional federal overreach.”
Chris Stone, GOA’s Director of State Affairs, added: “The plain textual content of Part 922(o) makes clear that its prohibition doesn’t apply to transfers carried out by a State. By rigorously structuring this laws throughout the current statutory framework, West Virginia lawmakers are advancing a critical, legally grounded effort to vindicate the rights protected by the Second Modification whereas exercising the State’s sovereign authority.”
The proposal attracts on historic precedents for government-supplied arms to civilians. GOA factors to the Militia Act of 1792, which required able-bodied males to equip themselves with military-grade weapons, and to durations of surplus army firearm gross sales to non-public residents all through U.S. historical past. Advocates argue that the Founding Fathers envisioned an armed citizenry able to militia service, with entry to arms corresponding to these utilized by authorities forces.
The 1986 Hughes Modification, hooked up to the Firearm House owners’ Safety Act (FOPA), closed the registry for brand spanking new civilian machine weapons after Might 19, 1986. Solely pre-1986 registered machine weapons, roughly 200,000 to 300,000 transferable examples, stay legally obtainable to civilians underneath the NFA course of. These typically command costs of $20,000 or extra as a result of shortage.
West Virginia has maintained a pro-Second Modification legislative monitor document lately, together with constitutional carry since 2016 and efforts to restrict native gun restrictions. Associated 2026 payments embrace Home Invoice 4185, which seeks to repeal the state’s personal ban on machine gun possession (although federal legislation would nonetheless apply), and different measures just like the Second Modification Preservation Act (Senate Invoice 850) and Second Modification Reaffirmation and Safety Act variants that problem federal overreach on intrastate firearm transactions.
If enacted, the GOA-backed measure might signify probably the most direct state-level challenges to the post-1986 civilian machine gun restrictions. Authorized consultants word that, whereas the statutory exemption exists, the ATF and the Division of Justice have traditionally interpreted § 922(o) narrowly, viewing state-facilitated transfers to non-public residents as a possible circumvention of congressional intent. Such a program would possible set off federal scrutiny, potential litigation, or enforcement actions.
Supporters say that certified transfers would comply with strict NFA protocols, together with in depth vetting, and that law-abiding residents shouldn’t face everlasting disarmament relative to authorities entities that retain entry to such firearms for legislation enforcement and army use.
GOA, a nonprofit lobbying group with hundreds of thousands of members and a status for an uncompromising stance on gun rights points (typically contrasting with extra reasonable organizations just like the NRA), positions the West Virginia effort as a part of a broader pushback towards perceived federal infringements.
As of February 20, 2026, particular invoice numbers, sponsors, or full legislative textual content for the state-transfer mechanism weren’t instantly detailed in public data past GOA’s announcement. The proposal arrives amid a busy 2026 West Virginia legislative session addressing varied firearm-related measures, from hid carry expansions for youthful adults to broader preemption of federal gun legal guidelines.
The event underscores ongoing tensions between state sovereignty claims and federal firearms regulation. Whether or not West Virginia advances this novel method and whether or not it withstands authorized challenges might affect comparable efforts in different gun-rights-friendly states.
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About John Crump
Mr. Crump is an NRA teacher and a constitutional activist. John has written about firearms, interviewed folks from all walks of life, and on the Structure. John lives in Northern Virginia along with his spouse and sons, comply with him on X at @crumpyss, or at www.crumpy.com.
