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Machine Gun Bill Dies in West Virginia
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3 min read

Machine Gun Bill Dies in West Virginia

West Virginia Senate President Randy Smith killed SB 1071, the state's machine gun bill, before it reached a floor vote. Citing poor drafting and legal concerns, Smith blocked the measure despite strong committee support. A revised version may return next session.

Steve DuskettMarch 5, 2026
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Article Info

Machine Gun Bill Dies in West Virginia

LegislationResolved
Machine Gun Bill Dies in West Virginia
Scope
JurisdictionWest Virginia
Impactstate
Key Entities
West Virginia Senate President who blocked the billRandy Smith
Bill sponsor, Sen. (R-Monongalia)Chris Rose
NRA-ILA PresidentJohn Commerford
Advocacy group pushing for floor voteGun Owners of America
State gun rights group consulted on bill's viabilityWV Citizens Defense League
Legal Issues
  • Potential conflict with the 1934 National Firearms Act
  • Tension with the 1986 Hughes Amendment restricting civilian machine gun transfers
  • Risk of exposing state police or residents to federal violations
What It Means
  • Machine gun access in West Virginia remains unchanged—NFA process still applies
  • A revised bill may be introduced next legislative session with NRA-ILA input
  • Miscommunication between lobbyists and lawmakers affected a broadly supported bill
  • Revival this session requires a two-thirds supermajority to suspend rules—unlikely
Timeline
March 2, 2026SB 1071 clears Senate Judiciary Committee
March 4, 2026Crossover deadline passes; bill never reaches Senate floor
March 2026Senate President Smith announces bill will not proceed
Related Laws

Machine Gun Bill Dies in West Virginia

Senate President blocks SB 1071 over drafting concerns, leaving machine gun access unchanged for now

From The Boise Gun Club Handbook

West Virginia's bill is dead for this session—killed not by ideology, but by sloppy drafting and bad timing.

Driving the news: Senate President Randy Smith (R-Preston) blocked SB 1071 before it reached a floor vote, letting the March 4 crossover deadline pass without action. His objection wasn't to the concept—it was execution. After consulting attorneys, NRA members, and the West Virginia Citizens Defense League, Smith heard the same thing from all of them: the bill as written wouldn't survive the House and would face immediate court challenges.

The bill had real ambition behind it. It proposed creating an Office of Public Defense within the West Virginia State Police to oversee purchase and distribution of fully automatic machine guns to eligible residents for state defense purposes. It cleared the Senate Judiciary Committee on March 2 with strong support. Then it stalled.

State of play: Machine guns occupy a completely different legal tier than the permissive firearms landscape West Virginia already enjoys. They've been federally regulated since the 1934 NFA and locked down further by the 1986 Hughes Amendment. Any state bill running sideways into federal law was always going to face serious headwinds.

The intrigue: A messaging breakdown made things worse. WVCDL lobbyist Art Thomm reportedly told multiple senators the NRA opposed the bill. NRA-ILA President John Commerford told AmmoLand News that's flatly inaccurate—the NRA didn't kill anything and is already planning to work with the sponsor on an improved version next session. Commerford also confirmed Thomm hasn't worked for the NRA in years. Several lawmakers still believe the NRA tanked it.

"The bill is dead, and it was killed without transparency and without consensus, despite the fact that this bill had overwhelming support by this body." — Sen. Laura Chapman (R-Ohio)

pushed hard for a floor vote, citing 93% support among West Virginia gun owners and urging constituents to contact Smith directly. Bill sponsor Sen. Chris Rose acknowledged that reviving the bill now would require a two-thirds supermajority to suspend constitutional rules—an unlikely outcome this late in the session.

What to watch: Smith left the door open, and with NRA-ILA willing to help fix the language, a cleaner version next session isn't out of the question. Until then, West Virginians chasing a transferable machine gun are back to the standard NFA route—$200 tax stamp, Form 4, a wait measured in months, and a five-figure price tag courtesy of the Hughes Amendment floor.

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