Chap. 96.—An ACT to define the term “machine gun”; to declare the use and
possession of a machine gun, for certain purposes, a crime and to prescribe
the punishment therefor; to require manufacturers, dealers and other persons,
with certain exemptions, in possession thereof, to register all machine guns
with the Secretary of the Commonwealth: to keep records of and report
transfers and sales to the said Secretary; to allow inspection of records and
of machine guns by peace officers; to provide for seizures and search war-
rants; to prescribe rules of evidence and presumptions; to provide penalties,
and to repeal all inconsistent acts. [S B 110]

Approved March 7, 1934

I. Be it enacted by the General Assembly of Virginia, as follows:

Section 1. Where used in this act:

(a) “Machine gun” applies to and includes a weapon of any descrip-
tion by whatever name known, loaded or unloaded, from which more
than seven shots or bullets may be rapidly, or automatically, or semi-
automatically discharged from a magazine, by a single function of the
firing device, and also applies to and includes weapons, loaded or un-
loaded, from which more than sixteen shots or bullets may be rapidly,
automatically, semi-automatically or otherwise discharged without re-
loading.

(b) “Crime of violence” applies to and includes any of the follow-
ing crimes or an attempt to commit any of the same, namely, murder,
manslaughter, kidnapping, rape, mayhem, assault with intent to maim,
lisable, disfigure or kill, robbery, burglary, housebreaking, DIcakilis als
antering, and larceny.

(c) “Person” applies to and includes firm, partnership, association
or corporation.

Section 2. Possession or use of a machine gun in the perpetration
or attempted perpetration of a crime of violence is hereby declared to
be a crime punishable by death or by imprisonment in the State peni-
tentiary for a term of not less than twenty years.

Section 3. Unlawful possession or use of a machine gun for offen-
sive or aggressive purpose is hereby declared to be a crime punishable
by imprisonment in the State penitentiary for a term of not less than
ten years.

Section 4. Possession or use of a machine gun shall be presumed to
be for offensive or aggressive purpose:

(a) When the machine gun is on premises not owned or rented,
for bona fide permanent residence or business occupancy, by the per-
son in whose possession the machine gun may be found; or

(b) When 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 ; or

(c) When the machine gun is of the kind described in section eight
and has not been registered as in said section required ; or

(d) When empty or loaded pistol shells of thirty (thirty one-hun-
dredths 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.

Section 5. The presence of a machine gun in any room, boat, or
vehicle shall be prima facie evidence of the possession or use of the
machine gun by each person occupying the room, boat, or vehicle where
the weapon is found.

Section 6. Nothing contained in this act shall prohibit or interfere
with

First. The manufacture for, and sale of, machine guns to the mili-
tary forces or the peace officers of the United States or of any politica
subdivision thereof, or the transportation required for that purpose
This act shall not apply to machine guns and automatic arms issuec
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 State:
passing through Virginia, or such arms as may be provided for the
officers of the State Police or officers of penal institutions.

Second. The possession of a machine gun for scientific purposes, 0:
the possession of a machine gun not usable as a weapon and possesse¢
as a curiosity, ornament, or keepsake ;

Third. The possession of a machine gun other than one adapted t
use pistol cartridges of thirty (thirty one-hundredths inch or seven an
sixty-three one-hundredths millimeter) or larger caliber, for a purpos'
manifestly not aggressive or offensive.
Section 7. Every manufacturer or dealer shall keep a register of a
machine guns manufactured or handled by him. This register shal
show the model and serial number, date of manufacture, sale, loar
gift, delivery or receipt, of every machine gun, the name, address, an
occupation of the person to whom the machine gun was sold, loaned
given or delivered, or from whom it was received ; and the purpose fo
which it was acquired by the person to whom the machine gun was sold
loaned, given or delivered, or from whom received. Upon demanx
every manufacturer or dealer shall permit any marshal, sheriff o:
police officer to inspect his entire stock of machine guns, parts, anc
supplies therefor, and shall produce the register, herein required, fo:
inspection. A violation of any provision of this section shall be punish.
able by a fine of not less than one hundred dollars nor more than one
thousand dollars.

Section 8. Every machine gun now in this State adapted to use
pistol cartridges of thirty (thirty one-hundredths inch or seven anc
sixty-three one-hundredths millimeter) or larger caliber shall be regis-
tered in the office of the Secretary of the Commonwealth on the effective
date of this act, and annually thereafter, If acquired hereafter it shal
be registered within twenty-four hours after its acquisition. Blanks
for registration shall be prepared by the Secretary of the Common-
wealth, 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 Secretary
of the Commonwealth shall immediately upon registration 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 certificate 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 con-
fiscation as provided in section nine of this act. The registration data
shall not be subject to inspection by the public. Any person failing to
register any gun as required by this section, shall be presumed to possess
the same for offensive or aggressive purpose.

Section 9. Warrant to search any house or place and seize any
machine gun adapted to use pistol cartridges of thirty (thirty one-hun-
dredths inch or seven and sixty-three one-hundredths millimeter) or
arger caliber possessed in violation of this act may issue in the same
manner and under the same restrictions as provided by law for stolen
Sroperty, and any court of record, upon application of the Common-
wealth’s attorney, a police officer or conservator of the peace, shall have
jurisdiction and power to order any machine gun, thus or otherwise
egally seized, to be confiscated and either destroyed or delivered to a
eace officer of the State or a political subdivision thereof.

Section 10. If any provision of this act or the application thereof to
iny person or circumstances is held invalid, such invalidity shall not
ffect other provisions or applications of the act which can he oimen
ffect without the invalid provision or application, alll 10 tee es
srovisions of this act are declared to be severable.

Section 11. This act shall be so interpreted and construed as to
ffectuate its general purpose to make uniform the law of those states
which enact it.

Section 12. This act may be cited as the Uniform Machine Gun Act.

Section 13. All acts or parts of acts which are inconsistent with the

yrovisions of this act are hereby repealed.