I’m Lance Rankin, and as a Type 07 FFL with an SOT here in Roanoke, Texas, machine guns are literally part of my license. So when West Virginia floated a bill that could have let ordinary residents buy new M16s and MP5s, my phone lit up. Here’s what the bill actually said, why it was arguably legal, and the strange way it died. Fair warning: this is dated commentary, so check the current status of these bills before you plan anything around them.
The loophole that isn’t really a loophole
Since 1986, the Hughes Amendment has frozen the civilian machine gun market. No new registrations, which is why a transferable M16 costs more than a decent truck. But the same statute contains an exemption most people have never read. Under 18 U.S.C. § 922(o)(2)(A), the machine gun ban doesn’t apply to transfers or possession “under the authority of” a state.
West Virginia Senate Bill 1071, introduced by Senators Chris Rose and Zack Maynard with backing from Gun Owners of America, tried to use that exemption directly. It would have created an office inside the West Virginia State Police to purchase post-1986 full autos, things like M16s, MP5s, and M249s, and resell them to qualified residents after a background check and a fee. The expected price? Nothing like the six-figure collector market. Kentucky introduced a similar bill. If the mechanism holds up, it’s the first real crack in the Hughes freeze in nearly forty years.
Then it got weird
SB 1071 cleared the Senate Judiciary Committee and was headed to Finance. Then, right before a critical deadline, a lobbyist who had worked for the West Virginia Citizens Defense League reportedly announced he intended to kill the bill, claiming it could create legal exposure for police officers. GOA disputed that flatly, arguing the bill complies with federal law and simply activates a dormant part of it. The WVCDL confirmed the lobbyist had worked for them but said the group had taken no official position, saying they hadn’t had time to analyze the bill.
Whatever actually happened behind the scenes, the Judiciary chairman pulled the bill, ending its run for the session. Reporting at the time suggested the governor would have signed it. As of this writing, that’s where things stand: dead in West Virginia for the session, with the Kentucky bill still worth watching.
My take as a dealer
Two honest observations. First, the legal theory isn’t crazy. The exemption is right there in the statute, and post-Bruen, courts are being forced to look harder at these questions than they used to. Whether ATF and the courts would let a state resale program stand is another matter entirely, and anyone expecting a cheap M16 next year is getting ahead of the facts.
Second, the way this died bothers me more than the outcome. Gun owners lose more legislative fights to friendly fire than to the opposition. When a pro-2A state can’t pass a pro-2A bill the governor would sign because our own side torpedoed it at the deadline, that’s a discipline problem worth talking about openly.
What you can do right now
Full autos may be frozen, but the rest of the NFA world is open for business. Suppressors, short-barreled rifles, and the paperwork that goes with them are everyday work at my shop, and I’ll walk you through the process without the mystery. Start with my explainer on what an FFL dealer actually does, or if you’re newer to all this, how to buy a gun in Texas and how to buy a gun online. Questions about NFA items? That’s my favorite subject. [email protected] or 817-393-4000.
Lance Rankin is the owner and Chief Gunsmith of Western Sport, a family-run Type 07 FFL and Class 3/SOT dealer in Roanoke, Texas, serving shooters since 2007. Born and raised in Texas with over 50 years of experience handling firearms, Lance purchased Western Sport in 2017 and turned his lifelong passion into his profession. He specializes in AR-15 and AR-10 platform rifles, manufactures Western Sport’s own AR-15 line under the Rankin Industries brand, and runs the shop’s in-house Cerakote coating operation. When he’s not behind the counter or the workbench, you’ll find him on his ranch deep into the night, hunting coyotes with an AR-15 and thermal optics. Lance holds an MBA and personally shoots and tests the products Western Sport sells.
