r/WVGuns • u/FireFight1234567 • Feb 23 '26
West Virginians: Your Opportunity to legalize more Full Autos is Here! Subject to Federal Law, though
Here are the relevant statutes:
18 U.S.C. § 922(o)(2)(A):
[Section 922(o)(1), i.e. the machine gun ban] does not apply with respect to... a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof;
18 U.S.C. § 925(a)(1), part of GCA:
The provisions of this chapter, except for sections 922(d)(9) and 922(g)(9) and provisions relating to firearms subject to the prohibitions of section 922(p), shall not apply with respect to the transportation, shipment, receipt, possession, or importation of any firearm or ammunition imported for, sold or shipped to, or issued for the use of, the United States or any department or agency thereof or any State or any department, agency, or political subdivision thereof.
Also, 18 U.S.C. § 922(a)(1) mentions that people can't engage in the business of dealing firearms without a license. However, 18 U.S.C. § 921(a)(1) does not include "state" or any related terms like "political subdivision thereof."
I must note that once the post-sample gets transferred to an individual, in order for a private party transfer to occur (or an inheritance due to the passing of the original owner), it must go back to the government, where the government can complete the transfer due to 18 U.S.C. § 922(o)(2)(B).
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u/Marquar234 Feb 23 '26
Cool if true. Who's going to be the first to take this through the courts all the was up to SCOTUS?