Kentucky HB 749 Follows West Virginia in Expanding Citizens’ Access to Modern Machine Guns
In a decisive move that reaffirms Kentucky’s proud heritage as a constitutional carry state and a bulwark for unalienable rights, Rep. TJ Roberts (R-Burlington) introduced House Bill 749 on February 25, 2026. This landmark legislation establishes an Office of Public Defense within the Kentucky State Police, tasked with acquiring and transferring modern, select-fire machine guns directly to law-abiding citizens. HB 749 is nothing short of revolutionary: it weaponizes a clear federal exemption to dismantle the artificial, unconstitutional barriers erected by the 1986 Hughes Amendment, restoring to Kentuckians the very arms the Founding Fathers intended for a well-regulated militia and the security of a free state.
Rep. Roberts, a steadfast defender of the Second Amendment who just days ago voted against HB 299, the GOP-backed bill criminalizing Glock switches, has long argued that law-abiding citizens deserve parity with the very tools carried by law enforcement and the military. “Federal law explicitly allows states to sell machine guns to their citizens,” Roberts declared upon filing the measure. His bill does exactly that, sidestepping the Hughes Amendment’s post-1986 registration ban through 18 U.S.C. § 922(o)(2)(A), which carves out transfers “to or by” a state or under its authority. No more overpaying for pre-1986 “transferables” that now fetch $25,000 to $60,000 on the collector market.
Kentucky residents who pass a standard background check may soon be able to purchase true military-pattern full-auto firearms at reasonable prices, AR-15/M16 platforms, squad automatic weapons (SAW), submachine guns, and the arms “in common use” for militia purposes.
The structure of HB 749 is elegant, efficient, and maximally freedom-oriented. It creates the Office of Public Defense inside the Department of Kentucky State Police, empowering the director to procure machine guns “of like kind” to those issued to law enforcement and the U.S. Armed Forces. Purchases will prioritize in-state manufacturers wherever possible, boosting Kentucky’s firearms industry and keeping tax dollars circulating locally. Qualified persons, any adult not prohibited from owning firearms under state or federal law, can buy these weapons at State Police facilities after a clean NICS check. Upon transfer, buyers receive an official state-issued certificate confirming the firearm was acquired “by” the Commonwealth, providing ironclad protection under the federal exemption.
Subsequent transfers between qualified Kentuckians are streamlined through the same office for a modest administrative fee, ensuring these modern arms remain in circulation among responsible owners. If a buyer later becomes prohibited, the bill requires the return of the firearm within seven days. Returned or forfeited guns are resold rather than destroyed, maximizing access and value for citizens. A dedicated Public Defense Fund, seeded by a reasonable surcharge on initial sales and capped administrative fees, covers operations without burdening general taxpayers, a fiscally conservative masterstroke.
For decades, the Hughes Amendment, rammed through on a disputed voice vote in 1986, has treated American citizens as second-class subjects, denying them the rapid-fire capability that criminals and terrorists obtain illegally with ease. Pre-1986 machine guns are collector items; post-1986 models manufactured for civilians have been verboten. HB 749 flips that script. By acting “by” the state, Kentucky nullifies the practical effect of the ban for its residents while remaining fully compliant with federal statute. Federal courts have never invalidated properly structured state transfer programs under this exemption, and with Bruen’s history-and-tradition test now the law of the land, machine guns invented in 1718 and used by American militias for centuries sail through constitutional scrutiny.
Kentucky’s bold step closely mirrors and builds upon West Virginia’s pioneering Senate Bill 1701, introduced just days earlier by Sens. Chris Rose and Zack Maynard with drafting assistance from Gun Owners of America (GOA).
That Mountain State legislation created its own Office of Public Defense to sell identical classes of modern machine guns to qualified residents, proving the model works in Appalachian terrain where rugged individualism runs deep. HB 749 adopts the same proven framework but tailors it to Kentucky’s larger population and robust State Police infrastructure, potentially making implementation even smoother across the Bluegrass. Where West Virginia led by lighting the fuse, Kentucky is ready to detonate the powder keg of restored liberty.
Critics from the gun-control lobby will predictably screech about “arming the streets” and “blood in the holler.” Their hysteria collapses under basic facts. These sales require the same rigorous background checks as every lawful firearm purchase. Criminals already possess full-auto capability through illegal conversions, 3D-printed parts, and black-market imports, the very devices HB 299 futilely targets. Law-abiding Kentuckians, however, have been priced out of modern defensive arms by federal overreach.
A well-armed populace is the ultimate deterrent: studies from constitutional carry states show violent crime rates dropping as lawful gun ownership surges. Historical precedent is overwhelming, from the minutemen at Concord who carried the era’s most advanced arms, to the Swiss citizen-soldiers who keep military select-fire rifles in their homes today.
The Second Amendment was never about hunting ducks or plinking at the range; it was written to ensure that the people could meet government force with equivalent firepower if tyranny ever threatened.
Economically, HB 749 is pure gold for Kentucky. Affordable machine guns will drive demand, spurring investment in local manufacturers, gunsmiths, and ranges. Freedom-minded Americans from restrictive states will travel here for training and purchases, boosting tourism and hospitality. Revenue from the Public Defense Fund strengthens public safety infrastructure without new taxes. And unlike the elitist pre-1986 market that reserves full-auto ownership for millionaires and celebrities, this program democratizes access exactly as the Founders intended when they rejected standing armies in favor of an armed citizenry.
Rep. Roberts’ consistency shines through. His opposition to HB 299 wasn’t about protecting criminals; it was about rejecting feel-good infringements that fail to disarm the bad guys while burdening the good. By introducing HB 749 immediately after that vote, he sends an unmistakable message: Kentucky will not erode the Second Amendment; it will expand and restore it. The bill’s findings implicitly echo the state constitution’s robust protection of the right to keep and bear arms “for the defense of themselves and the state.”
Passage of HB 749 would mark Kentucky as the second state in a rapidly growing freedom movement. Texas, Idaho, Montana, and others are watching. GOA and grassroots patriots across the Commonwealth are already mobilizing in support. Contact your state representative. Testify at committee hearings. The window is open now, while Republicans control the legislature, and Governor Beshear’s veto can be overridden.
The tree of liberty is watered not just with the blood of patriots, but with the resolute action of legislators willing to hand citizens the modern tools of self-defense and resistance. Kentucky’s HB 749 does precisely that. By following West Virginia’s courageous example in SB 1701, the Bluegrass State is declaring: American citizens are not subjects to be disarmed by federal fiat. We are sovereign people, entrusted by the Constitution with the arms necessary to remain free.
This is the fight for the Republic. Kentucky is answering the call. The rest of America should take note and follow.
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About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.
