New legislation would allow state to sell machine guns to qualified WV citizens
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CHARLESTON, W.Va (WVVA) – West Virginia lawmakers have introduced legislation that would allow the state to sell machine guns to qualified residents, marking a significant expansion of firearm rights in the state.
Senate Bill 1071, introduced February 23, would create an Office of Public Defense within the West Virginia State Police with the authority to acquire and sell machine guns to “Qualified Persons” eligible to own firearms under state and federal law.
According to the bill, the legislation is grounded in the Second Amendment to the U.S. Constitution and Article III, Section 22 of the West Virginia Constitution, which guarantees the right of people to keep and bear arms for the defense of self, family, home and state.
The bill notes that federal law permits state governments to transfer machine guns to law-abiding citizens under the National Firearms Act of 1934 and the Gun Control Act of 1968.
Under the proposed legislation, the Office of Public Defense would establish distribution stations at each State Police Troop Headquarters throughout the state. Machine guns available for sale would include AR-15/M16-platform, M249-type, and MP5-type weapons currently in use by law enforcement and the United States Armed Forces.
Buyers would undergo the same background-check process required for other firearm purchases in West Virginia. The bill prioritizes purchasing machine guns from manufacturers and dealers located within the state when practicable.
The Superintendent of the West Virginia State Police would serve as Director of the Office of Public Defense. The bill has been referred to the Senate Judiciary Committee and the Committee on Finance.
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