Posted: 5/31/2017 5:08:55 PM EDT
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§ 18.2-295. Registration of machine guns.
Every machine gun in this Commonwealth shall be registered with the Department of State Police within twenty-four hours after its acquisition or, in the case of semi-automatic weapons which are converted, modified or otherwise altered to become machine guns, within twenty-four hours of the conversion, modification or alteration. 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 shall be notarized and shall 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 or altered. The Superintendent of State Police shall upon registration required in this section forthwith furnish the registrant with a certificate of registration, which shall be valid as long as the registrant remains the same. Certificates of registration shall be retained 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 Class 3 misdemeanor, and any peace officer, may without warrant, seize the machine gun and apply for its confiscation as provided in § 18.2-296. Upon transferring a registered machine gun, the transferor shall forthwith notify the Superintendent in writing, setting forth the date of transfer and name and address of the transferee. Failure to give the required notification shall constitute a Class 3 misdemeanor. Registration data shall not be subject to inspection by the public.
Code 1950, § 18.1-265; 1960, c. 358; 1972, c. 199; 1975, cc. 14, 15; 1978, c. 618; 1988, c. 460.
§ 18.2-290. Use of machine gun for aggressive purpose.
Unlawful possession or use of a machine gun for an offensive or aggressive purpose is hereby declared to be a Class 4 felony.
Code 1950, § 18.1-260; 1960, c. 358; 1968, c. 229; 1975, cc. 14, 15.
§ 18.2-291. What constitutes aggressive purpose.
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;
(2) When the machine gun is in the possession of, or used by, 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 machine gun has not been registered as required in § 18.2-295; or
(4) When empty or loaded shells which have been or are susceptible of use in the machine gun are found in the immediate vicinity thereof.
Code 1950, § 18.1-261; 1960, c. 358; 1975, cc. 14, 15.
§ 18.2-293.1. What article does not prohibit.
Nothing contained in this article shall prohibit or interfere with:
(1) 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; and
(2) The possession of a machine gun for a purpose manifestly not aggressive or offensive.
Provided, however, that possession of such machine guns shall be subject to the provisions of § 18.2-295.
Code 1950, § 18.1-263; 1960, c. 358; 1975, cc. 14, 15.
Code of Virginia, Title 18.2, Chapter 7 Crimes Involving Health and Safety
Virginia State Police Machine Gun Registration
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