… The core mechanism of the bill leverages a statutory exception contained in 18 U.S.C. 922(o), commonly known as the Hughes Amendment, which states that the prohibition “does not apply with respect to… a transfer to or by, or possession by or under the authority of” a state or any department or political subdivision thereof.
Other key elements of the bill require transfer to a “Qualified Person,” defined as any person who is eligible to purchase and possess firearms under West Virginia and federal law.
Transfers would be carried out by a newly-created Office of Public Defense within the West Virginia State Police.
Individuals would be charged a $250 fee for each machinegun sold and transferred under the act, which would be paid into the Public Defense Fund.
This bill marks the first time, to our knowledge, that an exemption to a gun control bill creating a special class of rights for a specific group of people (usually law enforcement officers) has been leveraged to the benefit of ordinary citizens. Similar bills could be leveraged by other conservative states to restore gun rights to law-abiding citizens.
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It’s an interesting solution. Looking forward to seeing how it works out.
Country road take me home to the place I belong..
But wait, there’s Idaho!:
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