Committee approves committee substitute for bill creating state office to acquire and transfer machine guns, refers it to finance

The Senate Judiciary Committee on the West Virginia Legislature agreed to a committee substitute for SB 1071, titled the Public Defense and Provisioning Act, and voted to report it to the full Senate while referring it under its original double-reference to the Committee on Finance. Counsel described the measure as creating an Office of Public Defense, headed ex officio by the superintendent of the state police, to acquire, store, transfer and sell machine guns and to manage a Public Defense Fund largely supported by a statutory surcharge on each transfer.

Counsel for the committee (Counsel) told members the bill would make machine guns “available for sale at every state police headquarters in the state,” establish a $250 surcharge on transfers, and grant the director rulemaking authority plus authority to spend from the Public Defense Fund. Counsel said records other than a certificate issued after each sale would be destroyed after five years and that the office would be required to use existing facilities and personnel and not hire new staff.

Several senators raised legal and operational concerns. The senator from Marion (Senator from Marion) pressed counsel on whether the measure would conflict with federal law—citing 18 U.S.C. §922—and whether courts have ruled that a state may transfer machine guns to private individuals. Counsel responded that federal law generally prohibits private transfers of new machine guns and that any tension between state and federal law would likely be litigated: “There is potential,” counsel said, acknowledging the supremacy-clause risk.

Testimony from stakeholders highlighted divergent views. Alex Shea, West Virginia state director for Gun Owners of America, told the committee the plan would rely on the ATF’s Form 5 process for transfers and that the state’s $250 surcharge would fund operations and return remaining funds to the general fund; Shea said the program would not run afoul of federal law if the federal approval process (Form 5) continued to operate. By contrast, Lonnie Faircloth of the West Virginia Troopers Association warned that state troopers could be put in a difficult position if state-authorized transfers left individuals or officers exposed to federal criminal liability: “We’re transferring to a private citizen that we have passed we are possibly now making them a felon,” he testified.

Committee members also questioned whether the bill imposes a mandatory duty on the director to sell and whether sufficient safeguards exist for recordkeeping, storage, and the role of federal approval. Counsel said the bill’s language contemplates a mandatory duty to offer transfers and that the director must verify purchasers through existing background-check processes. Counsel also acknowledged a fiscal note had been requested and that funds unspent at fiscal year’s end would revert to the general revenue fund.

After discussion, the committee agreed to the committee substitute and moved to report SB 1071 to the full Senate with a recommendation that it pass, but under its original double committee reference that it first be referred to the Committee on Finance.

What happens next: SB 1071 will be sent to the Senate floor and, per the committee motion, to the Committee on Finance for further review before final Senate action.