SB 1071
Creating Public Defense and Provisioning Act
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill, the Public Defense and Provisioning Act, establishes a state office of public defense in West Virginia with the primary purpose of acquiring and transferring machine guns to qualified citizens. It aims to bolster the state’s defense capabilities by providing access to modern weaponry, aligning with the Second Amendment and West Virginia’s constitutional right to bear arms. The office will operate under specific regulations and guidelines, including a surcharge on machine gun sales to fund its operations.
Key provisions
- Creates a State Office of Public Defense to manage the acquisition and transfer of machine guns.
- Defines ‘Machinegun,’ ‘Person,’ and ‘Qualified Person’ for the purposes of the Act.
- Establishes a Public Defense Fund to finance the office’s activities, including a surcharge on machine gun sales.
- Authorizes the office to operate distribution stations and verify the eligibility of potential buyers.
- Specifies that transfers of machine guns will be treated as occurring ‘by’ the state for federal legal purposes.
- Outlines procedures for subsequent transfers, returns, and destruction of machine guns.
- Addresses liability for transferees and the office, protecting them from legal claims.
- Updates §61-7-9 to prohibit possession of machine guns unless compliant with federal and state laws.
Who is affected
- West Virginia Citizens
- Law Enforcement Agencies
- Firearms Purchasers
- The West Virginia State Police
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