Key Takeaways
- West Virginia Senate Bill 1071 aimed to create a program for qualified citizens to acquire machine guns but was halted in the full Senate.
- Senate President Randy Smith declined to advance the bill, citing concerns about its drafting and potential legal challenges.
- Supporters claim the bill followed appropriate legislative processes and could still be introduced as an amendment to other bills.
- Amidst the debate, accusations arose of lobbying pressure against the bill, though the NRA stated it was not opposed to it.
- Governor Patrick Morrisey supports efforts to expand access to firearms, pointing to ongoing discussions about Second Amendment rights.
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CHARLESTON, WV – A West Virginia bill that would have created a state program allowing qualified citizens to acquire machine guns through a state-run system has been stopped in the State Senate, though supporters say the legislation could still move forward in another form.
Senate Bill 1071, introduced by Sen. Chris Rose (R), proposed creating the Public Defense and Provisioning Act. The bill would have allowed the State of West Virginia to transfer machine guns to qualified citizens through a state-operated program.
The legislation moved through the Senate Judiciary Committee earlier in the week. Judiciary Committee Chairman Tom Willis (R) pushed the bill through the committee, where it passed with overwhelming support.
However, the bill did not move forward in the full Senate.
According to Senate President Randy Smith, he personally decided not to allow the bill to advance further.
As reported by WCHS, Smith said he believed the legislation was poorly drafted and would likely face legal challenges if passed. He also said discussions with attorneys and members of gun rights organizations led him to believe the measure would struggle to pass the House of Delegates.
Smith said that after those consultations, he chose not to bring the bill up for additional consideration in the Senate.
Supporters of the bill dispute claims that the legislation was flawed.
Gun Owners of America said the bill was reviewed by staff and attorneys prior to its introduction. The organization also noted that similar legislative language had previously been used in Kentucky by State Representative T.J. Roberts.
The group said the bill followed the standard legislative review process required before being introduced in the West Virginia Legislature and that it was written to comply with the National Firearms Act and other applicable federal laws.
Despite the setback, supporters say the proposal may still have a path forward during the current legislative session.
Gun Owners of America says the language of SB 1071 could still be added as an amendment to another bill that is already moving through the legislative process. This type of amendment is a common legislative procedure and could allow lawmakers to debate the proposal again before the session ends.
Recent reporting has also raised questions about what may have happened behind the scenes during the debate over the bill.
According to firearms journalist John Crump, some lawmakers reported being pressured by a lobbyist who suggested he was acting on behalf of the National Rifle Association while encouraging opposition to the bill.
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Crump reported that the individual referenced political endorsements that could be withdrawn from lawmakers who supported the legislation.
However, when Crump contacted NRA leadership directly, they reportedly said the individual had not worked for the organization for several years and that the NRA was not opposed to the bill.
Supporters say those claims raise questions about whether lawmakers may have received inaccurate information while evaluating the proposal.
West Virginia Governor Patrick Morrisey has expressed support for the effort to expand access to firearms for law-abiding citizens and remains supportive of restoring what advocates describe as the natural rights protected by the Second Amendment.
For gun owners, the debate highlights ongoing disagreements about how far states should go in restoring access to firearms regulated under federal law.
The right to keep and bear arms is a fundamental civil right that should not be limited by unnecessary barriers for law-abiding citizens. Proposals like SB 1071 are part of a broader effort to restore the full scope of that right while remaining within federal legal frameworks.
Although the Senate did not advance the bill this week, the effort is not over and lawmakers may still consider the proposal before the legislative session concludes.
