CHAPTER 238

An Act to amend and reenact §§ 18-188, 18-140, 18-142 and 18-148 of the
Code of Virginia, relating to the Uniform Machine Gun Act. rH 182)
182

Approved March 11, 1960

Be it enacted by the General Assembly of Virginia:
1. That §§ 18-138, 18-140, 18-142 and 18-143 of the Code of Virginia
be amended and reenacted as follows:

§ 18-188. Possession or use of a machine gun shall be presumed to be
for an offensive or aggressive purpose:
(1) When the machine gun is on premises not owned or rented for
bona fide permanent residence or business occupancy by the person in
whose possession the machine gun may be found; _

When the machine gun is in the possession of, or used by, an
unnaturalized foreign-born person, or a person who has been convicted
of a crime of violence in any court of record, state or federal, of the United
States of America, its territories or insular possessions;

(8) When the machine gun is of the kind described in § 18-142
and has not been registered as in such section required; or

(4) When empty or loaded * shells of thirty (thirty-one hundredths
inch or seven and sixty-three one-hundredths millimeter) or larger caliber
which have been or are susceptible of use in the machine gun are found in
the immediate vicinity thereof. .. ;

§ 18-140. Nothing contained in this article shall prohibit or inter-
fere with: ; eas

(1) The manufacture for, and sale of, machine guns to the military
forces or the peace officers of the United States or of any political sub-
division thereof, or the transportation required for that purpose;

(2) Machine guns and automatic arms issued to the National Guard
of Virginia by the United States or such arms used by the United States
Army or Navy or in the hands of troops of the National Guards of other
states or territories of the United States passing through Virginia, or
such arms as may be provided for the officers of the State Police or officers
of penal institutions;

(3) The possession of a machine gun for scientific purposes, or the
possession of a machine gun not usable as a weapon and possessed as a
curiosity, ornament, or keepsake; or

The possession of a machine gun other than one adapted to
use * cartridges of thirty (thirty one-hundredths inch or seven and sixty-
three one-hundredths millimeter) or larger caliber, for a purpose mani-
festly not aggressive or offensive.

§ 18-142. Every machine gun in this State adapted to use * cartridges
of thirty (thirty one-hundredths inch or seven and sixty-three one-hun-
dredths millimeter) or larger caliber shall be registered with the Depart-
ment of State Police annually. It shall be registered within twenty-four
hours after its acquisition. Blanks for registration shall be prepared by
the Superintendent of State Police, and furnished upon application. To
comply with this section the application as filed must show the model and
serial number of the gun, the name, address and occupation of the person
in possession, and from whom and the purpose for which, the gun was
acquired. The Superintendent of State Police shall immediately upon regis-
tration required in this section furnish the registrant with a certificate of
registration, which shall be kept by the registrant and produced by him
upon demand by any peace officer. Failure to keep or produce such certifi-
cate for inspection shall be a misdemeanor and punishable by a fine of not
less than five nor more than one thousand dollars, and any peace officer
may, without warrant, seize the machine gun and apply for its confisca-
tion as provided in § 18-148. The registration data shall not be subject to
inspection by the public. Any person failing to register any gun as re-
quired by this section, shall be presumed to possess the same for offensive
or aggressive purpose. The Secretary of the Commonwealth shall deliver
to the Superintendent of State Police such records of the Secretary’s office
as pertain to the registration of machine guns. It shall not be necessary
for any person who, prior to the effective date of this chapter, has regis-
tered any machine gun with the Secretary of the Commonwealth to re-
register the same with the Superintendent of State Police during the
year for which the samc has already been registered.

§ 18-148. Warrant to search any house or place and seize any ma-
shine gun adapted to use * cartridges of thirty (thirty one-hundredths inch
yr seven and sixty-three one-hundredths millimeter) or larger caliber
possessed in violation of this article may issue in the same manner and
ander the same restrictions as provided by law for stolen property, and any
‘ourt of record, upon application of the Commonwealth’s attorney, a police
officer or conservator of the peace, may order any machine gun, thus or
otherwise legally seized, to be confiscated and either destroyed or delivered
0 a peace officer of the State or a political subdivision thereof.