The West Virginia Legislature is considering making fully automatic firearms easier for civilians to get, in a move that might catch on in Wyoming and other states.
West Virginia Republican Senators Chris Rose and Zack Maynard have introduced Senate Bill 1071, which could essentially be an end run around 1986 federal law banning civilian ownership of any machine gun manufactured after May 19 of that year.
The bill would essentially allow sales of automatic guns from that era by making the state the middleman or pass-through during ownership transfers.
The bill was authored by Gun Owners of America (GOA). Johnson County resident Mark Jones, a GOA national director, said similar legislature is “doable in Wyoming.”
A Wyoming version of SB 1071 might be introduced during the 2027 session, he said.
“Prior to the session, I had discussions about it with Wyoming legislators, but we didn’t have enough time to draft a bill,” he said.
“We decided to focus on the four major (gun-related) bills that are now poised to pass in 2026 and reconsider the 1071 concept next year,” he added.
The Wyoming bills he was referring to include House Bill 95, which would allow people authorized to carry concealed weapons without permits to do so on university and college campuses. And House Bill 96, which lowers the age for obtaining a concealed carry permit from 21 to 18.
Also, House Bill 130/Senate File 101, which would forbid Wyoming officers from enforcing unconstitutional federal gun laws; and House Bill 39, which would recognize the restoration of gun rights for non-violent felons from other states.
‘Office Of Public Defense’
Civilians can own fully automatic firearms made before the 1986 cutoff date. But they’re expensive, require a special license and may be fired only on closed target ranges.
That includes places such as the Cody Firearms Experience, where paying customers can loose with such weapons as a World War II vintage Thompson submachine gun.
SB 1071 would give civilians access to post-1986 machine guns, by having the state issue them.
The 1986 federal law essentially prohibits the civilian possession of machine guns manufactured after 1986. However, it includes an exemption for transfers of those guns made by or under the authority of a state.
So, SB 1071 would create a state “office of public defense” within the West Virginia State Police, which would be authorized to transfer newer machine guns to state residents.
Is It Feasible?
At least at first glance, West Virginia’s approach seems feasible, said George Mocsary a professor of law at the University of Wyoming and director of UW’s Firearms Research Center.
Still, “I’m wondering if it’s as simple as that,” he told Cowboy State Daily.
If West Virginia passes the law, the U.S. Congress might step in and overturn it, Mocsary told Cowboy State Daily.
Even so, if the West Virginia effort succeeds, the idea could catch on in other states, he said.
“If it works, I could totally see it catching on, particularly here in Wyoming, and with our northern neighbors in Montana,” he said.
Restrictions against carrying machine guns in public or firing them anywhere except on authorized ranges would likely stay in place.
“When, where and how you can use machine guns wouldn’t change,” he said.
Not Cheap
Fully automatic firearms aren’t cheap, retired gun broker Scott Weber of Cody told Cowboy State Daily.
For example, a Vietnam War era M60 machine gun in good working order could go for $150,000, and a Thompson submachine gun might cost $20,000 or more, he said.
Machine guns are expensive because the 1986 law created a limited pool of available, older firearms, Mocsary said.
If SB 1071 and similar measures in other states pass, that could create a larger pool of available firearms and perhaps drive prices down, he added.
Weber agreed that a larger pool would eventually lead to lower prices.
However, he’s skeptical that efforts to circumvent the 1986 federal law will succeed.
“It’s a state trying to take away federal jurisdiction, and that will never happen,” Weber said.
Mark Heinz can be reached at mark@cowboystatedaily.com.
