CHAPTER 661

An Act to amend the Code of Virginia by adding in Chapter 5 of Title
18.1, an Article 3.1, containing sections numbered 18.1-268.1 through
18.1-268.10 to regulate the possession and use of “sawed-off” shotguns;
to create certain presumptions; to require registration of such
weapons; to provide for issuance of search warrants for such weapons
in certain cases; and to fix penalties.

[H 364]

Approved April 5, 1968

Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia be amended by adding in Chapter 5 of Title
18.1 an Article 3.1, containing sections numbered 18.1-268.1 through 18.1-
268.10 as follows:

ARTICLE 3.1
“Sawed-off” Shotgun Act.

§ 18.1-268.1. Definition When used in this article:

(1) “Sawed-off” shotgun applies to any weapon, loaded or unloaded,
originally designed as a shoulder weapon, utilizing a self-contained car-
tridge from which a number of ball shot pellets or projectiles may be fired
simultaneously from a smooth or rifled bore by a single function of the
firing device and which has a barrel length of less than eighteen inches for
smooth bore weapons and sixteen inches for rifled weapons. Weapons of
less than .225 caliber shall not be included.

(2) “Crime of violence” applies to and includes any of the following
crimes or an attempt to commit any of the same, namely, murder, man-
slaughter, kidnapping, rape, mayhem, assault with intent to maim, disable,
disfigure or kill, robbery, burglary, housebreaking, breaking and entering
and larceny.

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

§ 18.1-268.2. Use of “sawed-off” shotgun for crime.—Possession or
use of a “sawed-off” shotgun 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 penitentiary for a term of not less than
twenty years.

§ 18.1-268.3. Use of “sawed-off” shotgun for aggressive purpose.—
Unlawful possession or use of a “sawed-off” shotgun for an offensive or
aggressive purpose is hereby declared to be a crime punishable by im-
prisonment in the State penitentiary for a term of not less than ten years.

§ 18.1-268.4. What constitutes aggressive purpose.—Possession or

use of a “sawed-off” shotgun shall be presumed to be for an offensive
or aggressive purpose:
_ __ (1) When the “sawed-off” shotgun is found in the possession of an
individual at the scene of a riot or civil disturbance, unless such possession
is on premises owned or rented by the individual for residential, recrea-
tional or business purposes and obviously for defense of his person,
family or property during such riot or civil disturbance.

(2) When the “sawed-off” shotgun 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 ;

(3) When the “sawed-off” shotgun is of the kind described in
§ 18.1-268.1 and has not been registered as required in § 18.1-268.8; or
a (4) When the “sawed-off” shotgun is found in the possession of an
individual under circumstances indicating his preparation to participate

in a riot or civil disturbance or his preparation for the commission of a
crime of violence.
§ 18.1-268.5. What article does not apply to.—Nothing contained -
his article shall prohibit or interfere with:

(1) The manufacture for, and sale of “sawed-off”? shotguns to tk
nilitary forces or the peace officers of the United States or of any politic:
subdivision thereof, or the transportation required for that purpose

(2) ‘Sawed-off” shotguns and automatic arms issued to the Nationa
Guard of Virginia by the United States or such arms used by the Unite
States Army or Navy or in the hands of troops of the National Guard.
of other states or territories of the United States passing throug!
Virginia, or such arms as may be provided for the officers of the Stat
Police or officers of penal institutions;

(3) The possession of a “sawed-off” shotgun for scientific purposes
or the possession of a “sawed-off” shotgun not usable as a firing weapon anc
possessed as a curiosity, ornament, or keepsake.

§ 18.1-268.6. Manufacturer’s and dealer’s register; inspection of
stock.—Every manufacturer or dealer shall keep a register of all “sawed-
off” shotguns manufactured or handled by him. This register shall show
the model and serial number, date of manufacture, sale, loan, gift, delivery
or receipt of every “sawed-off” shotgun, the name, address, and occupation
of the person to whom the “sawed-off” shotgun was sold, loaned, given or
delivered, or from whom it was received. Upon demand every manufac-
turer or dealer shall permit any marshal, sheriff or police officer to inspect
his entire stock of “sawed-off” shotguns, and “sawed-off” shotgun barrels,
and shall produce the register, herein required, for inspection. A violation
of any provision of this section shall be punishable by a fine of not less than
one hundred dollars nor more than one thousand dollars.

§ 18.1-268.7. Registration of “sawed-off” shotguns.—Every “sawed-
off”? shotgun in this State shall be registered with the Department 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 ac-
quired. 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 cer-
tificate 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 “sawed-off” shotgun and apply for its
confiscation as provided in § 18.1-268.9. 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 offen-
sive or aggressive purpose.

§ 18.1-268.8. Search warrants for “sawed-off” shotguns.—Warrant
to search any house or place and seize any “sawed-off” shotgun possessec
in violation of this article may issue in the same manner and under the
same restrictions as provided by law for stolen property, and any court 0!
record, upon application of the attorney for the Commonwealth, a police
officer or conservator of the peace, may order any “sawed-off” shotgut
thus or otherwise legally seized, to be confiscated and either destroyed 0
delivered to a peace officer of the State or a political subdivision thereof.

§ 18.1-268.9. Short title of article—This article may be cited a
the ‘‘Sawed-off Shotgun Act.”