W. Va. Code » §61-7-9. Possession of machine guns, penalties.
West Virginia Code

W. Va. Code § 61-7-9 (2026)

Possession of machine guns, penalties

✓ current as of May 2026
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ARTICLE 7. DANGEROUS WEAPONS.

§61-7-9. Possession of machine guns, penalties.

It shall be unlawful for any person to carry, transport, or have in his possession, any machine gun, submachine gun, or any other fully automatic weapon unless he or she has fully complied with applicable federal statutes and all applicable rules and regulations of the secretary of the treasury of the United States relating to such firearms.

Any person who violates the provision of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000, or shall be confined in the county jail for not less than ninety days, or more than one year, or both.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1985–2025 · leading case: Jay Isaac Hollis v. Loretta Lynch, 827 F.3d 436 (5th Cir. 2016).
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Jay Isaac Hollis v. Loretta Lynch, 827 F.3d 436 (5th Cir. 2016). “190 ; W. Va. Code § 61-7-9 . 8 . For example, it is legal to possess a ma-chinegun in Montana only when use is not for an offensive or aggressive purpose.”
Application of Dailey, 465 S.E.2d 601 (W. Va. 1995). · cites it 2× “W.Va.Code 61-7-9 (1989). Also in 1995, more stringent sanctions were imposed regarding the possession of weapons on premises of educational facilities and premises housing courts and family law masters.”
Application of Metheney, 391 S.E.2d 635 (W. Va. 1990). “West Virginia Code § 61-7-9 prohibits the possession of any fully automatic weapon without first complying with applicable federal statutes and regulations.”
Gallaher v. City of Huntington, 759 F.2d 1155 (4th Cir. 1985). “However, each of those trades subject to the warrant requirement exception (e.”
United States v. Morgan (10th Cir. 2025). “190 (1), (4); W. Va. Code § 61-7-9 . 17 Appellate Case: 24-3141 Document: 72-1 Date Filed: 09/02/2025 Page: 18 the National Firearms Act of 1934, Pub.”
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