A bold new bill in West Virginia could ignite one of the biggest Second Amendment battles in decades. West Virginia Senate Bill 1071, supported by Gun Owners of America, proposes a strategy to work within federal law to authorize state-facilitated transfers of machine guns to qualified civilians.

At the center of the debate is the Firearm Owners Protection Act, specifically the Hughes Amendment codified at 18 U.S.C. § 922(o). While the amendment generally prohibits civilian possession of machine guns manufactured after May 19, 1986, it includes an exemption for transfers “to or by” a state or government agency.

SB 1071 seeks to leverage that exemption. The bill would establish a state entity authorized to acquire and transfer certain machine guns under state authority, arguing that such transfers fall within the statutory language of the federal exemption.

Supporters contend this approach is not nullification but textual statutory interpretation. Critics argue the exemption was never intended to create a pathway for broader civilian access. If enacted, the measure would almost certainly trigger federal litigation and potentially a major constitutional showdown.

Whether SB 1071 survives court challenges remains to be seen. But one thing is clear: West Virginia is testing the limits of federal firearm law in a way that could reshape the national conversation around the machine gun ban.