After 40 Years… Machine Guns Could Be Legal Again

Published on February 28, 2026
Duration: 8:04

This video from Colion Noir delves into a West Virginia bill proposing the state sell machine guns to law-abiding citizens. It explains how the bill leverages an NFA exemption for state governments to potentially allow civilian possession of post-1986 machine guns, challenging the assumption of technological armament disparity between citizens and the government. The analysis highlights the legal pressure test this bill represents and anticipates challenges from the ATF.

Quick Summary

A West Virginia bill proposes the state sell machine guns to law-abiding citizens, leveraging a federal NFA exemption for government transfers. This aims to achieve 'armament parity' between citizens and government infantry, challenging the assumption that citizens shouldn't possess arms as modern as the government's. The bill creates an operational framework but anticipates significant challenges from the ATF.

Chapters

  1. 00:00West Virginia Machine Gun Bill Introduced
  2. 00:47Bill's Controversial Nature
  3. 01:07Legal Pressure Test: Armament Parity
  4. 01:33NFA and Hughes Amendment History
  5. 02:10NFA Exemption for State Governments
  6. 02:49WV Leveraging State Exemption
  7. 03:13Clarifying Second Amendment Rights
  8. 04:33Operational Framework for Sales
  9. 05:00Background Checks Remain
  10. 05:20Anticipated ATF Challenge

Frequently Asked Questions

What is the West Virginia bill regarding machine guns?

West Virginia lawmakers introduced a bill to allow the state to sell machine guns to law-abiding citizens. The bill aims to leverage a federal law exemption under the National Firearms Act (NFA) that permits state governments to transfer machine guns, potentially allowing civilian possession of post-1986 firearms.

How does the West Virginia bill address the Second Amendment?

The bill interprets the Second Amendment to guarantee 'armament parity' between American citizens and government infantrymen. It challenges the common assumption that governments should possess modern arms while citizens do not, seeking to equalize technological armament levels.

What is the significance of the Hughes Amendment?

The Hughes Amendment, passed in 1986, effectively froze the civilian machine gun registry by prohibiting the transfer of newly manufactured machine guns to civilians. This is why transferable machine guns made before May 19, 1986, are significantly more expensive.

Will the ATF approve of the West Virginia machine gun bill?

It is highly anticipated that the ATF will challenge this bill. The federal government is likely to argue that the NFA exemption for state governments was never intended to allow for downstream civilian possession through state intermediaries, despite the bill's text.

Related News

All News →

More 2nd Amendment & Law Videos You Might Like

More from Colion Noir

View all →