A new bill in Kentucky could ignite a major constitutional battle over federal gun control.

Kentucky House Bill 749 (HB749) proposes creating a state-run system allowing qualified citizens to acquire modern machine guns—relying on an exception written directly into federal law. The strategy mirrors recent legislative efforts in West Virginia but goes even further in structure and detail.

At the center of the debate is 18 U.S.C. § 922(o), commonly known as the Hughes Amendment, which generally bans civilian possession of machine guns manufactured after May 19, 1986. However, the statute includes an exception for transfers “to or by” a state or under state authority. HB749 explicitly declares that all transfers under its program would be made “by and under the authority of the Commonwealth of Kentucky.”

The bill establishes a new office within the Kentucky State Police to acquire and transfer machine guns to individuals who are otherwise eligible to possess firearms under state and federal law. It also incorporates privacy protections, administrative funding mechanisms, and legal immunity provisions.

Lawmakers cite Supreme Court precedent such as District of Columbia v. Heller and New York State Rifle & Pistol Association v. Bruen, emphasizing the protection of “arms” in common use and the broader historical understanding of the Second Amendment.

If enacted, HB749 could force federal courts to confront a fundamental question: Does the Hughes Amendment fully prohibit modern machine gun access, or does its own statutory language leave room for state-authorized programs?

With multiple states now exploring similar paths, the legal and constitutional stakes surrounding federal firearm regulation may soon rise to a national showdown.