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Ending the Machine Gun Ban with a Loophole

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Imagine a world where the infamous Hughes Amendment—tacked onto the Firearm Owners’ Protection Act of 1986 as 18 USC 922(o)—finally gets outfoxed by its own words. That ban slammed the door on new machine guns for civilians, freezing the supply at pre-1986 levels and driving prices into the stratosphere (we’re talking $20K+ for a transferable M16 these days). But enter West Virginia’s SB 1071, the Public Defense and Provisioning Act, a Gun Owners of America (GOA) masterpiece that’s weaponizing the statute’s precise language to pry that door wide open. The bill cleverly argues that the federal ban only prohibits *transfer* of post-86 machine guns, not their outright *manufacture* for state purposes—like arming a West Virginia militia or public defense force. It’s legislative judo: use the feds’ own rules to flip the script and potentially flood the market with new full-auto freedom.

This isn’t just clever lawyering; it’s a potential earthquake for the 2A community. If SB 1071 clears West Virginia’s judiciary committee (and it needs your calls, emails, and testimonies to do it), it could set a precedent for states to manufacture and distribute machine guns directly to citizens under public defense pretexts, sidestepping the Hughes chokehold without touching federal law. Think about the implications: a blueprint for red states to rebuild the NFA registry, crash those absurd prices, and restore the full spectrum of the Second Amendment. Critics will scream loophole, but let’s call it what it is—creative nullification in the spirit of the Founders, echoing Madison’s Federalist 46 on states arming up against federal overreach. GOA’s dropping truth bombs here, proving that where there’s a will (and a well-drafted bill), there’s a way around D.C.’s gun-grabbing games.

2A warriors, this is your moment—WV SB 1071 hangs in the balance. Hit up the judiciary committee today: urge passage, cite the statute’s text, and remind them that public defense means *all* of us, not just bureaucrats. If it passes, expect copycats in Texas, Florida, and beyond, chipping away at the ’86 freeze until machine guns are as accessible as they were when our Republic was born. Stay vigilant, stay armed, and let’s end this ban for good.

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