BRIDGEPORT, W.Va (WDTV) – West Virginia Senate President Randy Smith (R-Preston) says his decision to block a bill nicknamed “the Machine Gun Bill” is based on legal and drafting concerns, not a change in his position on Second Amendment issues.

Senate Bill 1071, the “Creating Public Defense and Provisioning Act,” would create an Office of Public Defense within the West Virginia State Police to acquire and sell machine guns to “qualified persons” — people who can legally purchase and possess firearms under state and federal law. Under the bill, the office could buy machine guns similar to those used by law enforcement and the U.S. military then make them available for sale at State Police troop headquarters around the state.

The bill was introduced February 23 and referred to the Senate Judiciary Committee and then to the Senate Finance Committee. Smith said it was submitted on the last possible day for Senate bills and described it as “a poorly drafted piece of legislation” provided by Gun Owners of America, which he called an out-of-state group that had not previously been active in the West Virginia Legislature.

Smith said that after consulting several attorneys, along with the National Rifle Association and the West Virginia Citizens Defense League, he was “convinced this bill as it was submitted to us would be unable to pass the House of Delegates and would face numerous legal challenges to its implementation upon passage.”

“Based upon those conversations, I alone decided that the Senate would not take up the bill for further consideration. I did so with no reservation,” Smith said.

Because Senate leadership is not bringing SB 1071 up for further consideration, the bill is not expected to advance this session.

Smith also criticized the behavior of some supporters of the bill, saying he has seen senators “harassed and threatened,” calls for people to go to lawmakers’ homes, and accusations of “treason” against the Senate. He said Gun Owners of America is welcome to bring the legislation back next year but urged the group to submit it earlier so the Senate can give it what he called a full, thorough and fair review.

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