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RALEIGH – Although it was banned just a few years ago, one state lawmaker says video poker should now be legal in North Carolina.

State Rep. Earl Jones, D-Guilford County, said now that people can legally gamble through the lottery, there is no reason to outlaw these gaming machines.

"People should not tell people what to do. They should not be paternalistic – saying I can spend my money one way but you can't spend your money another way," Jones said.

Two years ago, North Carolina began a complete ban of video poker machines. But there is now a statewide lottery.

There are several court cases pending over which poker machines are illegal and whether the ban should be overturned. Jones said he believes this is all unnecessary because video poker is legitimate entertainment.

"Some people in North Carolina can't pay $100 to go to a Panther game or $200 or $300 to go play golf," Jones said.

But several state lawmakers are already showing strong opposition to the bill before it has even been filed.

"That's the bad bill of the week," Rep. Paul Stam, R-Wake County, said.

"Don't make me laugh," Sen. Charlie Albertson, D-Duplin County, said. "We had a pretty good battle with video poker and don't want to go back there again."

In fact, there is a resolution awaiting a hearing in the House that would do the exact opposite of the Jones' bill. HR 1418 takes a stand against the pending court cases that might overturn the video poker ban, saying that because court cases have prevented the complete ban of video poker machines, the House of Representatives would reaffirm its opposition to the video gaming machines in North Carolina.

This resolution is likely to hit some roadblocks too.

"A resolution in favor or against a pending court decision is worthless," Stam said.

Jones said he plans to introduce the bill before the end of the week. He says it could bring in about an extra $25 million to $30 million a year for the state.