(a) Possession or use of a machine gun is 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 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(3) [Repealed.]
(4) When empty or loaded pistol shells of 30 (.30 in. or 7.63 mm.) or larger caliber which have been or are susceptible of use in the machine gun are found in the immediate vicinity of the machine gun.
(b) A machine gun is exempt from the presumption of offensive or aggressive purpose if:
(1) The machine gun has been registered to a corporation in the business of manufacturing ammunition or a representative of the corporation under the National Firearms Act, 26 U.S.C. § 5801 et seq., or the Gun Control Act of 1968, 18 U.S.C. § 921 et seq.;
(2) The machine gun is being used primarily to test ammunition in a nonoffensive and nonaggressive manner by the corporation or the corporation's representative that the machine gun is registered to; and
(3) The corporation or the corporation's representative is not prohibited from the possession of a firearm by any state or federal law.
Section: Previous 5-73-202 5-73-203 5-73-204 5-73-205 5-73-206 5-73-207 5-73-208 5-73-211 NextLast modified: November 15, 2016