By Patrick Hurston
In recent days, there has been a lot of discussion regarding the fate of Senate Bill 1071, the Creating Public Defense and Provisioning Act, also known as “the Machine Gun Bill.” This bill, which was introduced in the Senate on the last possible day Senate bills could be introduced, was a poorly drafted piece of legislation provided by a gun rights group who, to my knowledge, had never been active in the West Virginia Legislature prior to this bill. After consultation with several attorneys and with membership of West Virginia’s two leading and long-standing gun rights groups – the National Rifle Association and the West Virginia Citizens Defense League – I 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. With an issue as critical as the protection of our Second Amendment rights, we must ensure the legislation we pass will survive legal challenge. This would not have.
My record with the NRA and WVCDL is unquestioned, and West Virginians unquestionably trust the judgment of these groups on Second Amendment issues. And, further, I trust them.
The behavior of this out-of-state group has been disappointing to say the very least. I have seen individual Senate members harassed and threatened. I have seen calls for people to show up at their homes. I’ve seen people accuse the Senate of treason. It makes it very difficult to negotiate in good faith with anybody who cannot come to the table with respect.
We welcome the Gun Owners of America to consider this legislation next year, but would encourage them to submit the bill before the last minute so that the Senate can give it the full, thorough, and fair vetting it deserves.
— Senate President Randy E. Smith, R-Preston
