A bold proposal in West Virginia could spark one of the most significant federal gun law challenges in decades.

Lawmakers are considering legislation—reportedly backed by Gun Owners of America—that would authorize the state to acquire and transfer post-1986 machine guns to qualified civilians. The strategy centers on language in 18 U.S.C. § 922(o), commonly known as the Hughes Amendment, which generally prohibits civilian possession of machine guns manufactured after May 19, 1986, but includes exceptions for transfers “to or by” government entities.

Supporters argue that if a state conducts the transfer, it may fall within that statutory exemption. If the U.S. Department of Justice were to challenge the program, the dispute could escalate quickly.

Beyond statutory interpretation, the bigger issue may be constitutional. Critics of the Hughes Amendment have long argued that it lacks a clear jurisdictional hook tying it to Congress’s Article I powers, particularly the Commerce Clause. In United States v. Rybar, then-Judge Samuel Alito questioned whether the statute adequately connected machine gun possession to interstate commerce.

If litigation arises, West Virginia could argue not only that its program complies with federal law—but alternatively, that the Hughes Amendment itself exceeds Congress’s constitutional authority. Such a challenge would place the entire post-1986 machine gun restriction under judicial scrutiny.

Whether or not the proposal becomes law, the legal theory behind it has already intensified debate over federal firearms authority and the future of machine gun regulation in America.