Indictment or information; defendant's burden to prove exemption
or license; arrest, effect of production of valid license, or
establishment of exemption
Sec. 24. (a) In an information or indictment brought for the
enforcement of any provision of this chapter, it is not necessary to
negate any exemption specified under this chapter, or to allege the
absence of a license required under this chapter. The burden of proof
is on the defendant to prove that he is exempt under section 2 of this
chapter, or that he has a license as required under this chapter.
(b) Whenever a person who has been arrested or charged with a
violation of section 1 of this chapter presents a valid license to the
prosecuting attorney or establishes that he is exempt under section 2
of this chapter, any prosecution for a violation of section 1 of this
chapter shall be dismissed immediately, and all records of an arrest
or proceedings following arrest shall be destroyed immediately.
As added by P.L.311-1983, SEC.32.
Last modified: May 24, 2006