Senate bill would require State Police to sell West Virginia residents machine guns

by Lori Kersey, West Virginia Watch
March 2, 2026

A bill advancing in the West Virginia Senate would require State Police to sell machine guns to certain state residents all over the state.

The Senate Judiciary Committee signed off Monday afternoon on Senate Bill 1071, Creating Public Defense and Provisioning Act. The bill would create the Office of Public Defense, to be led by the superintendent of the West Virginia State Police. 

Under the bill, machine guns would be made available for sale at every State Police headquarters.The director would be required to verify all buyers of machine guns through a background check. 

Lawmakers Sen. Ryan Weld, R-Brooke, and Sen. Joey Garcia, D-Marion, both attorneys, questioned whether the bill would conflict with federal laws. 

An attorney for the Senate Judiciary Committee explained that federal prohibition on machine gun possession doesn’t apply to transfer to or by or possession by a state agency or political subdivision. 

“Is that an exception for transfers between agencies?” Garcia asked. 

“From the case law, from my understanding, most courts have interpreted that as possession by an official government employee or an official government capacity,” the attorney for the committee said. 

Whether individuals can purchase guns through a state agency “would be a question for a court to address,” the attorney for the committee said. 

There’s not been case law that would allow the state to transfer machine guns to private citizens, the attorney said. 

Under the Supremacy Clause of the Constitution, federal laws take precedence over any conflicting state laws.

The bill may require state troopers to act outside of federal law, Weld said.

“The state cannot immunize its citizens from federal criminal liability,” the attorney for the committee agreed. 

Lead bill sponsor Sen. Chris Rose, R-Monongalia, said he worked on the legislation with the help of Alex Shay, volunteer state director for Gun Owners of America.

Shay testified in favor of the bill, arguing that the bill would not conflict with federal law. 

“This actually is federal law,” Shay said. “West Virginia is not flying in the face of federal law. We’re not trying to create a loophole of any kind. We’re not squinting our eyes or bending the law or breaking the law.”

Weld said that courts have interpreted the federal law to prohibit possession of machine guns by private citizens. 

“In the face of all of that case law, I mean going back to 1990 with no other court decision stating otherwise, how are we to read this is anything but a prohibition?” Weld said. 

Shay argued that the state has the authority to transfer the guns. 

Lonnie Faircloth, president of the West Virginia Troopers Association, testified about his concerns with the bill. He said he cannot speak for the West Virginia State Police.

“Personally I have concerns with it, just because of the fact that we’re transferring to a private citizen that we are possibly now making them a felon,” he said. “Same with us, possibly doing the same.”

No one representing the West Virginia State Police, the Department of Homeland Security or the National Rifle Association attended the meeting. 

The bill had no cost estimates for implementation as of Monday. The legislation will next go to the Senate Finance committee for consideration.

West Virginia Watch is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. West Virginia Watch maintains editorial independence. Contact Editor Leann Ray for questions: info@westvirginiawatch.com.