UNIFORM MACHINE GUN ACT Drafted by the NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS and by it APPROVED AND RECOMMENDED FOR ENACTMENT IN ALL THE STATES at its FORTY-SECOND ANNUAL CONFERENCE AT WASHINGTON, D. C. OCTOBER 4-10, 1932 WITH PREFATORY NOTE APPROVED BY THE AMERICAN BAR ASSOCIATION AT ITS MEETING AT WASHINGTON, D. C., OCTOBER 12-15, 1932 The committee which acted for the National Conference of Commissioners on Uniform State Laws in Preparing the Uniform Machine Gun Act was as follows: JOSEPH F. O'CONNELL, Boston, Mass., Chairman, JAMES F. AILSHIE, Coeur d'Alene, Idaho, Chairman, Uniform Torts and Criminal Law Acts Section, WILLIAM M. HARGEST, Harrisburg, Pa., President, Ex-officio. CHARLES V. IMLAY, Washington, D. C., CHARLES E. LANE, Cheyenne, Wyo., A. L. SCOTT, Pioche, Nev., HENRY UPSON SIMS, Birmingham, Ala., ROBERT S. STEVENS, Ithaca, N. Y., EDGAR K. THOMPSON, Charleston, S. C., W. H. WASHINGTON, Nashville, Tenn. Copies of all Uniform Acts and other printed matter issued by the Conference may be obtained from JOHN H. VOORHEES, Secretary North Dearborn St. Chicago, IL UNIFORM MACHINE GUN ACT PREFATORY NOTE A special committee on a "Uniform Act to Regulate the Sale and Possession of Firearms" was appointed at the Minneapolis meeting of the National Conference of Commissioners on Uniform State Laws in 1923. The subject having been brought to the attention of the Conference by the United States Revolver Asso- ciation, it was quite natural that in its initial effort the committee submitted an act, finally approved in 1930 at Chicago, dealing solely with firearms of the revolver, pistol, or sawed- off shot gun type, which might readily be concealed. But during the interim prior to approval of that act, the infant industry of racketeering grew to monstrous size, and with it the automatic pistol replaced the revolver, to be in turn displaced by a partly concealable type of machine gun-the Thompson .45 inch caliber submachine gun becoming most popular, equipped with either 100 or 50 shot drum magazine, or 20 shot clip magazine, using the ordinary .45 Colt automatic pistol cartridge. In the 1930 report, it was stated the committee believed unanimously that the Firearms Act should be confined entirely to guns of the pistol type; reference to machine guns and other offensive weapons was therefore eliminated from previous tentative drafts, and the drafting of a separate act to cover the machine gun was recommended. In 1931, the committee presented a supplementary report, submitting a first tentative draft of such an act. This draft was largely based upon the Pennsylvania Act of 1929. At the 1932 meeting of the National Conference at Washington, D. C., the committee filed a second tentative draft, fully annotated. That the subject was considered of grave importance by state legislatures was evidenced by the fact that it had already merited action in sixteen states and the District of Columbia. Following a thorough study of the subject the Conference thereupon put the act in final form and approved it, and the act was subsequently approved by the American Bar Association. The act is intended not only to curb the use of the machine gun, but to make it unwise for any civilian to possess one of the objectionable type. The act defines a machine gun so that it will exclude automatic or semi-automatic sporting rifles or shotguns. A "crime of violence" is defined as in the Uniform Firearms Act, except that kidnapping is added. Possession or use of a machine gun of any kind in the perpetration or attempted perpetration of a crime of violence, is declared to be a crime; following the similar provision in the Uniform Firearms Act. In this connection it may be proper to again call attention to experience in England, where it is still quite unusual to find crimes of violence committed by persons who are armed, undoubtedly because in that country a person found guilty of committing a crime of violence when armed receives, by a mandatory provision of the law, an additional sentence. It is believed that this act has "teeth" enough in it to make it possible for the police departments throughout the nation to meet the challenge of the gangsters and racketeers who have been adopting the machine gun in criminal warfare. Particular attention is called to the fact that this act gives great aid to the police in enforcing it by reason of the presumptions which are made part of this proposed law. Heretofore, the police have been helpless in many instances, because it was legal to possess a machine gun. Under the provisions of the act, however, the mere possession of a machine gun is presumed to be for offensive and aggressive purposes, except as provided in the act, and the exceptions are very limited. Possession or use of a machine gun of any kind for offensive or aggressive purpose is likewise declared to be a crime; and its possession or use for such purpose is presumed if the gun is found on premises not owned or rented for legitimate use by the possessor or user of the gun, or if the gun is in possession of, or used by, either an unnaturalized foreigner, or a person previously convicted of a crime of violence. Possession for offensive or aggressive purpose is also presumed if the machine gun is of the kind most commonly used by criminals and has not been registered, or if shells adapted to use in that particular weapon are found in the immediate vicinity. As stated above, the Thompson submachine gun, with wooden butt-stock removed, using ordinary .45 caliber Colt automatic pistol shells, is now used almost exclusively by criminals in the United States. Although these cartridges have a limited range, the bullets have satisfactory "stopping" effect at short range, and therefore answer the purpose of the gangster, besides being easily purchased, at any hardware or sporting goods store, without arousing suspicion. It was at first intended to make the presumption apply only to the .45 caliber guns and cartridges; but lest criminals evade the law by using a smaller caliber the act now specifies any pistol shell of caliber larger than .30 inch, or its metric equivalent of 7.63 millimeters. Few, if any, pistol cartridges are on the market exceeding .45 caliber, and no pistol cartridge of less than .30 caliber is made with sufficient range and stopping power to answer the purpose of the gangster. To overcome any danger of a presumption arising against one who has legitimate use for a machine gun, such person need only either avoid the use of ordinary pistol shells, or else use a type of gun not readily transported or concealable. There are many such on the market, more effective for defensive purpose than the Thompson submachine gun. The presumption contained in Section 5 is often found vital to successful prosecution of criminals. The act requires manufacturers to keep a register of all machine guns handled, but only for purpose of inspection by police officers. On the other hand, all machine guns of the prohibited type (adapted to use pistol cartridges of .30 or larger caliber) must be registered in the office of the secretary of state, or other state official. Any failure to register raises the presumption of possession for offensive or aggressive purpose. The act further permits, in Section 9, search for, and seizure of, machine guns of the prohibited type. If speedily adopted in a sufficient number of states, the act will doubtless have a very beneficent effect, particularly through its registration requirements. It was necessary to make this act supplementary to the Uniform Firearms Act because of the technical difference in describing firearms, as distinguished from the machine gun, and it will help the administration of the law as to the use of firearms to have this act separate and distinct, or at least supplementary to whatever laws may already have been enacted with reference to firearms. UNIFORM MACHINE GUN ACT AN ACT RELATING TO MACHINE GUNS, AND TO MAKE UNIFORM THE LAW WITH REFERENCE THERETO. (Be it Enacted ......... 1 SECTION 1. (Definitions.) " Machine Gun " applies to and 2 includes a weapon of any description by whatever name known, 3 loaded or unloaded, from which more than five shots or bullets 4 may be rapidly, or automatically, or semi-automatically dis- 5 charged from a magazine, by a single function of the firing 6 device. 7 "Crime of Violence" applies to and includes any of the 8 following crimes or an attempt to commit any of the same, 9 namely, murder, manslaughter, kidnapping, rape, mayhem, 10 assault to do great bodily harm, robbery, burglary, housebreak- 11 ing, breaking and entering, and larceny. (Note: Crimes here enumerated to be modified to suit local definitions.) 12 "Person" applies to and includes firm, partnership, associa- 13 tion or corporation. 1 SECTION 2. Possession or use of a machine gun in the 2 perpetration or attempted perpetration of a crime of violence 3 is hereby declared to be a crime punishable by imprisonment 4 in the state penitentiary for a term of (not less than twenty 5 years). 1. SECTION 3. Possession or use of a machine gun for offensive 2 or aggressive purpose is hereby declared to be a crime punish- 3 able by imprisonment in the state penitentiary for a term 4 of (not less than ten years). 1 SECTION 4. Possession or use of a machine gun shall be 2 presumed to be for offensive or aggressive purpose: 3 (a) when the machine gun is on premises not owned or 4 rented, for bona fide permanent residence or business occu- 5 pancy, by the person in whose possession the machine gun 6 may be found; or 7 (b) when in the possession of, or used by, an unnaturalized 8 foreign-born person, or a person who has been convicted of 9 a crime of violence in any court of record, state or federal, of 10 the United States of America, its territories or insular posses- 11 sions; or 12 (c) when the machine gun is of the kind described in 13 Section 8 and has not been registered as in said section re- 14 quired; or 15 (d) when empty or loaded pistol shells of 30 (.30 in. or 16 7.63 mm.) or larger caliber which have been or are susceptible 17 of use in the machine gun are found in the immediate vicinity 18 thereof. 1 SECTION 5. The presence of a machine gun in any room, 2 boat, or vehicle shall be evidence of the possession or use of 3 the machine gun by each person occupying the room, boat, or 4 vehicle where the weapon is found. 1 SECTION 6. (Exceptions.) Nothing contained in this act 2 shall prohibit or interfere with 3 1. the manufacture for, and sale of, machine guns to the 4 military forces or the peace officers of the United States or 5 of any political subdivision thereof, or the transportation re- 6 quired for that purpose; 7 2. the possession of a machine gun for scientific purpose, or 8 the possession of a machine gun not usable as a weapon and 9 possessed as a curiosity, ornament, or keepsake; 10 3. the possession of a machine gun other than one adapted to 11 use pistol cartridges of 30 (.30 in. or 7.63 mm.) or larger 12 caliber, for a purpose manifestly not aggressive or offensive. 1 SECTION 7. Every manufacturer shall keep a register of all 2 machine guns manufactured or handled by him. This register 3 shall show the model and serial number, date of manufacture, 4 sale, loan, gift, delivery or receipt, of every machine gun, 5 the name, address, and occupation of the person to whom the 6 machine gun was sold, loaned, given or delivered, or from 7 whom it was received; and the purpose for which it was ac- 8 quired by the person to whom the machine gun was sold, 9 loaned, given or delivered, or from whom received. Upon demand 10 every manufacturer shall permit any marshal, sheriff or police 11 officer to inspect his entire stock of machine guns, parts, and 12 supplies therefor, and shall produce the register, herein re- 13 quired, for inspection. A violation of any provision of this 14 section shall be punishable by a fine of (not less than . . . 15 hundred dollars). 1 SECTION 8. Every machine gun now in this state adapted 2 to use pistol cartridges of 30 (.30 in. or 7.63 mm.) or larger 3 caliber shall be registered in the office of the [secretary of 4 state], on the effective date of this act, and annually there 5 after. If acquired hereafter it shall be registered within 24 6 hours after its acquisition. Blanks for registration shall be 7 prepared by the [secretary of state], and furnished upon appli- 8 cation. To comply with this section the application as filed 9 must show the model and serial number of the gun, the name, 10 address and occupation of the person in possession, and from 11 whom and the purpose for which, the gun was acquired. The 12 registration data shall not be subject to inspection by the 13 public. Any person failing to register any gun as required 14 by this section, shall be presumed to possess the same for 15 offensive or aggressive purpose. 1 SECTION 9. Warrant to search any house or place and seize 2 any machine gun adapted to use pistol cartridges of 30 (.30 in. 3 or 7.63 mm.) or larger caliber possessed in violation of this 4 act, may issue in the same manner and under the same restric- 5 tions as provided by law for stolen property, and any court 6 of record, upon application of the (district attorney), shall 7 have jurisdiction and power to order any machine gun, thus 8 or otherwise legally seized, to be confiscated and either destroyed 9 or delivered to a peace officer of the state or a political sub- 10 division thereof. 1 SECTION 10. If any provision of this act or the application 2 thereof to any person or circumstances is held invalid, such 3 invalidity shall not affect other provisions or applications of 4 the act which can be given effect without the invalid provision 5 or application, and to this end the provisions of this act are 6 declared to be severable. 1 SECTION 11. (Uniformity of Interpretation.) This act shall 2 be so interpreted and construed as to effectuate its general 3 purpose to make uniform the law of those states which enact it. 1 SECTION 12. (Short Title.) This act may be cited as the 2 Uniform Machine Gun Act. 1 SECTION 13. (Repeal.) All acts or parts of acts which are 2 inconsistent with the provisions of this act are hereby repealed. 1 SECTION 14. (Time of Taking Effect.) This act shall take 2 effect......................................... NOTES TO UNIFORM MACHINE GUN ACT NOTE TO SECTION I MACHINE GUNS Ark. Castle's supp. to Stat. 1931, s. 2804a et seq. Describes machine gun as "any firearm of the type commonly known as a machine gun." Cal. Stat. 1927, ch. 552, s. 2. Machine gun includes all firearms "known as machine rifles, machine guns or submachine guns capable of discharging automatically and continuously loaded ammunition of any caliber in which the ammunition is fed to such gun from or by means of clips, drums, belts, or other separable mechanical device." D. C. Pub. 275, 72nd Congress, approved July 8, 1932. "Machine gun" means any firearm which shoots automatically or semiautomatically more than twelve shots without reloading. Ill. Cahill's 1931, ch. 38, s. 409. Same as California statute (supra) except gun must discharge "more than eight cartridges successively without reloading" to be a machine gun. Mass. Cum. Stat. 1929, ch. 140, s. 121. "Firearms" includes machine guns irrespective of length of barrel, any gun of small arm caliber designed for rapid fire and operated by a mechanism, or any gun which operates automatically after the first shot has been fired, either by gas action or recoil action. Mich. See Section 3, infra. Mo. Stat. 1932, s. 4427. Machine gun includes all firearms known as machine rifles, machine guns, or submachine guns capable of discharging automatically and continuously loaded ammunition of any caliber in which ammunition is fed to such guns from or by means of clips, disks, drums, belt, or other separable mechanical device. N. J. Comp. Stat. 1925-30, s. 52-43R(1). Machine gun or automatic rifle means any weapon, mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir, belt or other means of storing and carrying ammunition, which can be loaded into the said weapon, mechanism or instrument and fired therefrom at the rate of five or more shots to the second. N. Y. Laws 1931, ch. 792. Machine gun is a weapon of any description, irrespective of size, by whatever name known, loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically discharged from a magazine with one continuous pull of the trigger. N. D. Laws 1931, ch. 178, s. 1. "Machine gun, sub-machine gun or automatic rifle" is construed to mean a weapon, mechanism or instrument not requiring that the trigger be pressed for each shot and "having a reservoir, belt or other means of storing and carrying ammunition which can be loaded into the said weapon, mechanism or instrument and fired therefrom at a rate of five or more shots to the second." Pa. Laws 1929, Act 829, s. 1. Machine gun means any firearm that fires two or more shots consecutively at a single function of the trigger or firing device. R. I. Acts 1927, ch. 1052. Machine gun "includes any weapon which shoots automatically and any weapon which shoots more than twelve shots semiautomatically without reloading." Firearms includes "any machine gun pistol." CRIMES OF VIOLENCE Note: This definition conforms very closely to the definition in the Uniform Fire Arms Act (Handbook 1930, p. 530) and will therefore be found in those jurisdictions where the Uniform Fire Arms Act, or parts thereof, has been adopted, e. g, Hawaii (Act 206, 1927, 6. 1); Pennsylvania (Assembly Bill 158, approved June 11, 1931); and District of Columbia (Pub. Law No. 275, 72d Congress, approved July 8, 1932). PERSONS Note: This definition is practically identical with that in the Uniform Fire Arms Act (Handbook 1930, p. 588) and occurs generally in those jurisdictions which have adopted that act. DECISIONS MACHINE GUNS Ia. An ordinary 15 shot, 22 short automatic rifle which has been made over so that it keeps shooting as long as the trigger is held back is a machine gun. Op. Atty. Gen, May 7, 1931. NOTE TO SECTION 2 Ark. See s. 6, infra; also s. 3, infra. Cal. Stat. 1931, ch. 1050, amending Stat. 1927, ch. 552. Sale of, offer to sell, possession of, or knowingly transporting machine guns, except as otherwise provided (see s. 6, infra) punishable by imprisonment not to exceed five years or by fine not exceeding $5,000.00, or both. Del. Stat. 1931, ch. 249. Possession of machine gun entirely prohibited except (see s. 6, infra). Punishment, fine or/and imprisonment in discretion of court. D. C. Pub. 275, 72d Congress, approved July 8, 1932. Committing crime of violence when armed or having readily available any firearm may be punished, in addition to punishment provided for the crime: by imprisonment not exceeding five years; upon second conviction, by imprisonment not exceeding ten years; upon third conviction, by imprisonment not exceeding fifteen years; upon fourth or subsequent conviction by imprisonment not exceeding thirty years. Ill. Cahill's 1931, ch. 58, s. 409, subs. 7. Person committing or attempting to commit arson, assault, burglary, kidnapping, larceny, rioting, or robbery while armed with machine gun subject to imprisonment from five years to life. Ind. Acts 1929, ch. 65. Person over 16 years of age committing or attempting to commit rape, robbery, bank robbery, petit larceny, grand larceny while armed with machine gun, etc., or any person present and aiding or assisting while so armed is guilty of a separate felony in addition to other crimes named and is subject to imprisonment therefor from ten to twenty years. N. J. Comp. Stat. 1925-30, s. 52-43R(2). Identical with District of Columbia statute, supra, except as to the crimes enumerated, and penalty for fourth conviction is twenty years as a maximum, and the indictment must aver that the person was armed with such firearm. N. Y. Laws 1931, ch. 791. If any person while in the act of committing a felony, or attempting to commit a felony, or any person while in the act of committing a crime or attempting to commit a crime and being an occupant of a stolen automobile or an automobile carrying fictitious license plates, or an automobile which has been used in the commission of a crime or in an attempt to commit a crime, or in leaving the scene of a crime shall be armed with a machine gun or other dangerous weapon the punishment prescribed for the felony of which be is convicted shall be increased (1) by imprisonment from five to ten years; (2) upon second conviction, from ten to fifteen years; (3) upon third conviction, from fifteen to twenty years. In no case shall such person punishable as above provided be put upon probation or have execution of sentence suspended. Pa. Laws 1929, Act 329, s. 3. Person who commits or attempts to commit any crime, when armed with a machine gun shall in addition to the punishment for the crime be sentenced to separate and solitary confinement at labor not exceeding ten years which shall not commence to run until the expiration of the sentence for said crime. R. I. Acts 1927, ch. 1052, s. 2. Contains practically identical provision. Note: Laws not relating specifically to machine guns but referring generally to firearms, or dangerous or deadly weapons have achieved the same result in whole or in part in the following states: Alaska, C. L. 1913, s. 1897; Ariz., Rev. Code 1928, s. 4723; Colo., Comp. Laws, 1921, s. 6698; Fla., Comp. Laws 1927, s. 7204; Ga., Penal Code, ss. 115, 115-1, 418, 504; Miss., Code 1930, s. 787; Mo., Stat. Anno. 1932, ss. 4031, 4032, 4033; Neb., Comp. Stat. 1929, ch. 28; N. C., Code 1931, s. 4267a; Ph. I., Penal Code 1930, Arts. 174, 250, 508; Tex., Comp. Stat. 1928, Arts. 1231, 1234, 1237, 1393, 1408; Vt., Pub. 1927, No. 127; Pub. 1919, No. 196; Wash., Pierce's Code 1929. s. 8699-1; Wis., Laws 1931, ch. 29. NOTE TO SECTION 3 Ark. Castle's Supp. to Stat. 1931, s. 2804a et seq. Unlawful to keep, transport, store, possess, sell, or give away any machine gun. Cal. See Section 2, supra. D. C. Pub. 275, 72d Congress, approved July 8, 1932. Possession of machine guns forbidden. See Section 6, infra, for exceptions. Ill. Cahill's 1931, ch. 38, s. 409. Selling, keeping, offer to sell, loan or give away, purchase, possess, carry or transport machine guns unlawful except (see s. 6, infra). Violation by manufacturer is punishable by imprisonment from one to five years. Violation by any other person, one to ten years. Person having been previously convicted of murder, robbery, burglary, or assault with intent to commit a felony will be punished for violation of machine gun act by imprisonment from three to ten years. Ind. Burns Stat. 1929, ss. 2548.2, 3. Whoever owns, possesses, or controls a machine gun in an automobile, or in any other way is subject to imprisonment from one to five years. Whoever discharges, fires off, or operates any loaded machine gun is subject to imprisonment from two to ten years. But see Section 6, infra. Ia. Code 1931, ch. 564-B1. Knowingly having possession or control of machine gun prohibited; also any act with intent to enable person, firm, etc., to obtain possession. For exceptions see Section 6, infra. Punishment--if accused has a prior conviction of felony, five years' imprisonment; if prior conviction not established, three years' imprisonment; in all cases a fine from $500.00 to $2,000.00. Prior convictions must be pleaded if relied upon. Duly authenticated copy of judgment of prior conviction shall be prima facie evidence of such conviction. Mass. Cum. Stat. 1929, ch. 140, s. 131. Minors, unless employed by bank, public utility corporation, or business of similar nature and over fifteen years of age, unnaturalized persons, persons convicted of felony, or unlawful use of drugs cannot get a license to possess a machine gun. Cum. Stat. 1929, ch. 269, s. 10. Whoever possesses a machine gun without a license is subject to imprisonment from six months to 2 1/2 years in jail or house of correction, or 3 1/2 years to five years in the state prison. Mich. Acts 1931, ch. 37. Whoever manufactures, sells, offers to sell, or possesses any machine gun, which can be fired more than sixteen times without reloading commits a felony and is subject to imprisonment not exceeding five years or a fine not exceeding $2,500.00. Whoever sells, delivers, offers or exposes for sale, or possesses for such sale any written or printed matter offering or containing an offer to sell or deliver within the state from without the state a machine gun commits a misdemeanor. Mo. Stat. Anno. 1932, s. 4426. To sell, transport, deliver, possess or have in control a machine gun or assist or cause these things to be done is punishable by imprisonment from two to thirty years, or by fine not exceeding $5,000.00, or both. Nebr. Comp. Stat. 1929, ch. 28, ss. 1008, 1011, 1012. Unlawful for any person, firm, or corporation to sell, cause to be sold, or otherwise dispose of any machine gun, to any person except (see Section 6, infra); violation is a misdemeanor punishable by fine, from $1,000.00 to $10,000.00. Unlawful for any person except (see Section 6, infra) to transport a machine gun on any highway, or have in possession, for any unlawful purpose. Violation subjects one to imprisonment from one to ten years. N. J. Comp. Stat. 1925-30, s. 52-43q(2). To sell, give, loan, furnish, deliver, purchase, have, or possess any machine gun is a high misdemeanor except (see Section 6, infra). Comp. Stat. 1925-30, s. 52-43r(1). Pawnbroker shall not sell, or possess any machine gun; violation is a high misdemeanor. Comp. Stat. 1925-30, s. 52-43r(4). Person convicted of assault, robbery, larceny, burglary, breaking and entering shall not pur- chase, own or possess a machine gun. Violation is punishable by imprisonment not exceeding five years. N. Y. Cahill's 1931, ch. 41, s. 2187. Person who attempts to use against another or carries or possesses a machine gun is guilty of a misdemeanor and if he has been convicted of any crime is guilty of felony. Laws 1931, ch. 792. Selling, keeping for sale, offering, giving, disposing of a machine gun is a felony except (see Section 6, infra). Possession or use of machine gun is a felony. Gilbert's Penal Laws, s. 1897, subs. 8. Persons under sixteen years of age who have, carry or possess a machine gun, shall be guilty of juvenile delinquencies. N. D. Laws 1931, ch. 178, s. 2. Person who sells, gives, loans, or delivers a machine gun, etc., of a caliber larger than twenty-two, or person who shall purchase, have or possess any machine gun etc., of a larger caliber than twenty-two commits a felony, except (see Section 6, infra). Pa. Laws 1929, Act 1929, s. 2. Unlawful for any person, copartnership, association or corporation to sell, give, transfer, or purchase, own, have or possess any machine gun. Violation is punishable by a fine not exceeding $1,000.00, or imprisonment by separate or solitary confinement at hard labor not exceeding five years. R. I. Acts 1927, ch. 1062, ss. 3, 4, 12. No person convicted of crime of violence shall purchase, own, carry, possess or control any firearm. No person shall manufacture, sell, purchase or possess a machine gun except (see Section 6, infra). Changing, altering, removing or obliterating name of maker, model, manufacturer's number or other mark of identification on any firearm forbidden. W. Va. Code 1932, Anno. s. 6060. Unlawful to carry, transport, or possess any machine gun, submachine gun, or what is commonly known as a highpowered rifle, or any gun of a similar kind or character except on own premises leased for a fixed term, unless permit first obtained from superintendent of department of public safety, and approved by the governor, or a license is obtained from the circuit court as in the case of pistols. Wis. Stat. 1931, s. 340.695. Person who owns, uses or possesses a machine gun shall be punished by imprisonment from one to fifteen years, except (see Section 6, infra). Note: Laws not relating specifically to machine guns but referring generally to firearms or dangerous or deadly weapons have achieved the same result in whole or in part in the following states: Alaska, Comp. Laws 1913, ss. 1901, 1902, 1904; Ala., Code 1928, ss. 3300, 3301, 4043, 4045, 4047, 1397-140; Ariz. Rev. Code 1928, ss. 4615, 4726; Fla. Comp. Laws 1927, s. 7163; Ga., Penal Code, ss. 348, 349; Ida., Comp. Stat. 1919, ss. 8406, 8407, 8375, 8252; Ky., Carroll 1930, ss. 1308, 1242, 1166; La., Marr's Crim. Stat. p. 215; Kan., Rev. Stat. 1923, ss. 21-2411, 431; Me., Rev. Stat. 1930, ch. 142, ss. 10, 13; Minn., Mason's 1927, ss. 10255, 10563, 10505, 10097, 10314, 10290, 10291, 10413, 9921-2; Mont., Rev. Code 1921, ss. 11354, 11565, 11566; Nev. Comp. Laws 1927, ss. 10252, 10095, 10121, 10292, 10293, 2300; N. H., Pub. 1926, ch. 376t s. 6; Ib., ch. 385, s. 4; N. M., Stat. 1929 ss. 35-340, 3402, 3403, 3404, 3405, 3406; N. C., Code 1931, ss. 4213, 4214, 4215, 4216, 4441, 2141B; Ohio, Code 1930, ss. 12817, 12818, 12635, 12422; Okla., Stat. 1931, ss. 2584, 2589, 2590, 2591, 2592, 2595; Ore. Laws 1931, ch. 370, ss. 64, 39- 320; ch. 360, ss. 576, 215; Code 1930, ss. 72-113, 114, 101, 103; 14-233, 231; Ph. I., Penal Code 1930, Arts. 408, 572, 589, 526, 2691, 2692; P. R., Laws 1924, Act 14, ss. 1, 2; Rev. Stat. 1911, s. 5822; S. C. Code 1932, ss. 1119, 1120, 1394, 255 (19); S. D., Comp. Laws 1929, ss. 4063, 4081, 3955, 4393, 4394; Tenn., Code 1932, ss. 11007, 11008, 10799; Tex. Comp. Stat. 1928; Arts. 341, 329, 330, 326, 485, 474, 338, 339, 340, 480, 334; Utah, Comp. Laws 1917, ss. 8495, 2600; Vt. Pub. 1931, No. 164; Gen. Laws, ss. 6834, 6837, 6841, 6842, 6846, 63847, 7000, 7099; Va. Code 1930 s. 4675 (9) ; Wash., Pierce 1929, ss. 8836, 8827, 8838, 8839; Wyo., Rev. Stat. 1931, ss. 32-309, 407, 408, 410. NOTE TO SECTION 4 N. J. Comp. Stat. 1925-30, s. 52-43R(3). Fact that person committing or attempting to commit certain crimes (see Section 2, supra) was armed or had in his possession a machine gun without a license shall be prima facie evidence of his intention to commit said crime of violence. Presence of a firearm in a vehicle is presumptive evidence of possession of all persons occupying or using the vehicle at the time. R. I. Acts 1927, ch. 1052. Fact that person accused of committing or attempting to commit a crime of violence was armed with or had available a machine gun is prima facie evidence of intention to commit said crime of violence. Possession of any firearm upon which any mark of identification has been changed, altered, removed, or obliterated shall be prima facie evidence that the possessor has altered, changed, removed or obliterated the same. Note: The same result is achieved by a general reference to firearms or dangerous or deadly weapons in Oregon, Code 1930, s. 72-113. NOTE TO SECTION 5 Mass. Cum. Stat. 1921, ch. 140, s. 1.06. Any placard, etc., maintained in a vehicle, shop, stand, tenement, or place of common resort purporting to announce the keeping of firearms (machine guns) shall be prima facie evidence that firearms (machine guns) are kept for sale. Mich. See Section 9, infra. R. I. Acts 1927, ch. 1052, s. 15. Negative allegations of any kind need not be averred or proved in any complaint under this act (Acts 1927, ch. 1052), and the carrying or use of any firearm, including machine guns, contrary to the provisions of this act shall be evidence that the possession, carrying or use of any such firearm is unlawful, but the respondent in any such case may show any fact that would render the possession, or use, or carrying of such firearm lawful. N. Y. Laws 1931, ch. 792. Presence of machine gun in any room, dwelling, structure or vehicle is presumptive evidence of illegal possession by all persons therein, except (see Section 6, infra). Every person while carrying or possessing a weapon shall carry with him license issued for such weapon and shall exhibit same upon demand to any policeman, state trooper, or other peace officer and failure to do so shall be presumptive evidence that such person is not duly licensed and shall cause a forfeiture of his license. Note: Laws referring to firearms, or dangerous or deadly weapons have achieved the same result in whole or in part in the following states: Minn, Mason's Stat. 1927; N. C., Code 1931, s. 4410. NOTE TO SECTION 6 Ark. Castle's Supp. to Stat. 1931, s. 2804a et seq. Excepts military authorities of state or nation, peace officers of state, counties or political subdivisions in performance of their duties. Calif. Stat. 1931, ch. 1050, amending 1927 Stat. ch. 552. Excepts sale to, purchase, or possession of machine gun by any city, county, state or federal officer where required for official use, or transportation on behalf of police departments, members thereof, sheriffs, city marshals, or military or naval forces of state, or United States. Superintendent of division of criminal identification, etc., to issue permits for possession and for transportation of machine guns upon good cause shown. The permit shall be open to inspection. The person or firm receiving permit shall keep gun on person or at place where such firearms are kept. Permit may be revoked when need for machine guns has ceased or holder of permit has used guns for purposes other than allowed. License may be granted for not more than a year to sell machine guns, provided business of selling is carried on only in place provided in permit, and license is displayed on premises where it may be easily read and such firearms are not delivered to any person not authorized to receive same under the act. Del. Stat 1931, ch. 249. State military forces or duly authorized police departments permitted to have machine guns in their possession. D. C. Pub. 275, 72d Congress, Approved July 8, 1932. Excepts members of Army, Navy, or Marine Corps of the United States, the National Guard, organized Reserves on duty, Post Office Department or its employees on duty, marshals, sheriffs, wardens, or their deputies, duly appointed law enforcement officers, officers or employers duly authorized to carry weapons, banking institutions, public carriers engaged in transporting mail, money, securities, or other valuables, wholesale and retail dealers licensed under Section 10 of the act. Ill. Cahill's 1921, ch. 38, s. 409. All duly appointed peace officers may purchase, carry, possess and transport machine guns; also the U. S. Army, Navy, Marine Corp, National Guards, organizations permitted by law to purchase and receive machine guns from the United States; also persons, organizations, institutions possessing machine guns as war relics, also guards, messengers employed by common carriers, banks and trust companies while employed in their duties and their employers may possess them when not so employed; manufacturers and merchants may possess, sell, etc., such guns. Ind. Burns 1929, s. 2648.4. Provisions set out, see section 2 supra, do not apply to members of military forces of United States, national guard of Indiana, when on duty or practicing, machine guns on display as relics which are harmless and not usable, and shall not apply to police or sheriff of the state in connection with their duties. Ia. Code 1931, ch. 564-B1. Exceptions referred to in Section 3, supra, are: Peace officers, members of national guard, persons in service of United States government, banks, provided their possession is in connection with official duties; relics unfit for use and which were in general use prior to November 11, 1918; persons or firms engaged or interested in improvement, invention, or manufacture of firearms; persons possessing by finding or summary seizure provided they deliver immediately to some peace officer of county where gun found. Mass. Cum. Stat. 1929, ch. 140, ss. 131, 101. License may be secured to possess machine gun to protect person or property or other proper person (see Section 3, supra, for persons who cannot secure license). Mich. Acts. 1931, ch. 37. Excepts person manufacturing by virtue of contract with United States government, any foreign government, municipality or subdivision thereof; peace officers of state, members of United States Army, Navy, or Marine Corps, or of organizations authorized to purchase or receive weapons from the United States or the state, or of the National Guard or other duly authorized military organizations when on duty or drill, or going to and from their customary places of assembly or practice, or to transportation as merchandise. Mo. Stat. Anno. 1982, s. 4426. Excepts sheriffs, city marshals, military and naval forces of state or United States, police departments and members thereof. Neb. Comp. Stat. 1929, ch. 28, ss. 1008, 1011. Excepts as to sale, etc., officers of the law, agents of the United States government, agents of law enforcement department of Nebraska. Excepts as to transportation or possession by officers of the law, soldiers of the United States Army, officers and enlisted men of the national guard of state. N. J. Comp. Stat. 1925-30, ss. 52-43q2, 5, 6, 11. Excepts (see Section 3, supra) person having license (see Section 8, infra) or his authorized agents, members of duly authorized military organizations, members of police force of any municipality, of state police force, sheriff or under-sheriff, prosecutor of the peace, his assistants, detectives and employees. Upon application by banking institution, trust company, building and loan association, within state judge shall issue license to purchase and possess one or more machine guns for its own use and protection and the use and protection of its officers, servants and employees, to be recorded by the county clerk. Railway, canal, and steamboat companies may get license for machine gun as aforesaid. No person shall be prevented from carrying about his place of business or dwelling house or premises a firearm, or from carrying same from place of purchase to his dwelling house or place of business, or from dwelling place or place of business to place of repair to have repaired and return. N. Y. Laws 1931, ch. 792. Excepts manufacture, sale and shipment to police departments, sheriffs, policemen, other peace officers, state prisons, penitentiaries and county jails, military and naval organizations; also state police, warden, superintendent, head keeper or deputy of state prison, peni- tentiary workhouse, county jail, or other institution for detention of persons convicted or accused of crime or held as witnesses in criminal cases, persons in postal service of the United States, common carriers while transporting machine guns to any police department, military or naval organization or person authorized by this section. N. D. Laws 1931, ch. 178, s. 2. Excepts officers and members of police force of any municipality and of a duly authorized military organization, sheriff, deputy sheriff, any other officer having police powers under laws of the state, any person possessing a license or his authorized agents or servants. Pa. Laws 1929, Act 329, s. 4. Excepts manufacture and sale of machine guns to the military forces of the United States, or of the state, or the latter's police department, or of its political subdivisions, and excepts the purchase by said government and departments; excepts any organization of veterans, or any veteran of war of the United States owning or possessing a machine gun as a relic if permit obtained from sheriff of county, which permit is attached at all times to the gun. R. I. Acts 1927, ch. 1052, s. 6. Excepts sheriffs, deputy sheriffs, superintendent and member of state police, prison and jail wardens or their deputies, members of city or town police force, other duly appointed police, officers. members of Army, Navy, or Marine Corps of United States, or National Guard, when on duty, or organizations by law authorized to purchase or receive arms from the United States, or the state, or duly authorized military organizations when on duty or members thereof at or going to or from their customary places of assembly. Ib., s. 7, provides that the attorney-general may issue a permit to any banking institution doing business in the state, or any public carrier engaged in business of transporting mail, money, securities or other valuables to possess and use machine guns under regulations prescribed by the attorney-general. Acts 1927, ch. 1062, s. 13 excepts antique firearms unsuitable for use, and collections of firearms as curios, souvenirs, and for educational, scientific and similar purposes without intent to use such firearms. W. Va. Code 1932, ss. 6045, 6046. May carry any weapon, including machine gun, on own premises, if in, good faith and not for felonious purpose, without a license; same as to carrying unloaded from place of purchase to home, or to place of repair and back to home. Express companies, as common carriers, have absolute right to carry weapons, including machine guns, through their employees, etc., who have custody of money and other valuables provided the company executes a continuing bond in the penalty of $30,000.00, the amount of recovery for breach of conditions of bond shall not exceed $3,500.00 in any one case; such bond shall be filed with the secretary of state. Upon trial for recovery of damage upon such bond, the burden of proof shall be upon the express company to establish that the employee, etc., was not actually engaged in duties for the express company. Railroad police officers have absolute right to carry weapons provided the railroad company posts bond in penalty of $10,000.00, otherwise practically the same as in case of express companies. Ib. s. 6047 excepts sheriffs, regular appointed deputies who actually collect taxes, all constables, all regularly appointed police officers, all jailers and game protectors, members of department of public safety of the state, provided they give bond in the penalty of $3,500.00. Ib. ss. 6048, 6049 excepts posse authorized by Sheriff in emergency or danger, no bond required. Licenses may be revoked at any time for sufficient cause by the circuit court granting the license, the governor of the state, the superintendent of the department of public safety. Immediate notice of revocation shall be given the licensee by registered mail, in person, or in same manner as other notices are authorized by law to be served. Wis. Stat. 1931, s. 340.695. Excepts police officers, national guardsmen, sheriffs and their deputies, or any person or organization possessing a machine gun received from the government as a war trophy. Note: Laws referring to firearms, or dangerous or deadly weapons have achieved the same result in whole or in part in the following states: Ga., Penal Code, s. 328; Neb. Comp. Stat. 1929, ch. 28, ss. 1008, 1011; N. M., Stat. 1929, s. 35-3408; Okla., Stat. 1931, s. 2586; Ore., Laws 1931, ch. 370, s. 64; P. R., Laws 1924, Acts 14, s. 3; Tenn., Code 1932, s. 11012; Tex., Comp. Stat. 1928, Art. 496. NOTE TO SECTION 7 Cal. Stat. 1931, ch. 1050, amending 1927 Stat. ch. 552. Complete record of sales must be kept by vendor showing name and address of purchaser, his signature, and number and date of issue of purchaser's permit. D. C. Pub. 275, 72d Congress, approved July 8, 1982, ss. 8, 9, 10. Only persons licensed may sell machine guns. Commissioners may grant licenses for one year to sell machine guns at retail provided (1) business carried on in building designated in license; (2) license, or copy thereof, displayed where easily read on premises; (3) machine guns shall be sold only to persons designated in Section 14 of act (see Section 6, supra) ; (4) a record be kept in a book provided, the form to be prescribed by the Commissioners of all machine guns in possession of licensee, containing date of purchase, caliber, make, model, and manufacturer's number of weapon and date of sale. A record in duplicate of all machine guns sold shall be kept in a book kept for the purpose, the form prescribed by the Commissioners and signed by the purchaser and person effecting sale, each in presence of the other, containing date of sale, name, address, occupation, color, and purchaser's place of birth, caliber, make, model, manufacturer's number of weapon and purchaser's statement that he has never been convicted of a crime of violence. Ill. Cahill's 1931, ch. 38, s. 409. Manufacturer or merchant can only pass possession of machine gun to manufacturer or merchant, common carrier for shipment to manufacturer or merchant, authorized agent of government in official capacity, persons authorized to purchase under provisions of exceptions 1 and 4 of Section 2 of the act (see Section 6, supra), who have a permit signed by sheriff of county where manufacturer or merchant has place of business or delivers such gun. They shall retain the permit on file. 1b., subs. 4 of the Illinois act is practically the same as this Section 7, except it does not provide for keeping the model and serial number. Mass. Cum. Stat. 1929, ch. 140, s. 123. License granted to vendor on condition that he before delivery make a true entry in said sales record book specifying description of gun, make, number, whether single barrel, magazine, revolver, pin, rim or central fire, whether sold, rented or leased, date and hour of such delivery and that he state in said book his full name, sex, residence and occupation. Book to be open for inspection by licensing authorities and the police at all times. License to be displayed on premises where easily seen, no firearms to be displayed where easily seen from outside. Copy of record of sales, rentals, end leases made during preceding seven days to be sent to licensing authority, each gun shall be delivered securely wrapped, fastened and unloaded. No machine gun to be sold to a person who has not a license to possess. Upon sale, etc., of machine gun license vendor shall endorse thereon licensee, vendee, etc., the place and time of sale, etc., and shall transmit notice thereof to the commissioner of public safety. Licenses expire April 30 of each year but may be granted during April to take effect May 1 next ensuing. License may be forfeited on proof of violation of condition upon which granted. If forfeited, licensee is disqualified for one year after expiration of term of license. Cum. Stat. 1927, ch. 140, ss. 127, 129. Fine from $25.00 to $100.00 for giving false names. Cum. Stat. 1929, ch. 140, s. 131B. Loans secured by mortgage, pledge, or deposit of machine gun are forbidden. N. J. Comp. Stat. 1925-30, s. 52-43r(6). Manufacturer and wholesale seller of machine guns shall be registered with the Secretary of State and furnish him with such particulars as may be prescribed by law for registration. Secretary has discretion to refuse registration; he shall furnish certificate of registration to each person registered; he has power to revoke registration if person registered no longer carries on his business, or can no longer carry on business without danger to public; person registered has right to hearing and appeal to Supreme Court of state on question of revocation; person registered may surrender registration. Manufacturer and wholesale dealer must keep detailed record of each firearm sold, to include date of sale, name of purchaser, description of arm and its serial number. This information to be available to police and other public officials. Violation is a misdemeanor. Comp. Stat. 1925-30, s. 52-43r(6). No retail dealer shall sell, expose for sale, or possess with intent to sell any machine gun without being licensed. Granting of license in discretion of common pleas judge for one year provided (1) business carried on in building designated in license; (2) license or copy thereof displayed in conspicuous place; (3) no advertising of sale to be displayed as to be seen from outside; (4) this clause deals with pistols and revolvers only. Sale of machine guns to minors under eighteen years of age, person of unsound mind, drug addict, person convicted of committing or attempting to commit assault, robbery, larceny, burglary, breaking or entering prohibited and violation is a misdemeanor. W. Va. Code Anno. 1932, s. 6051. Unlawful to keep on display to passersby any machine gun, etc. Dealers licensed to sell shall take name, address, age and general appearance of purchaser, maker of gun, serial number and caliber, and report information at once to superintendent of department of public safety. Unlawful to sell, rent, give, or lend to unnaturalized person. Note: Transfer of firearms, deadly or dangerous weapons is dealt with generally by regulation of sale of rather than manufacture of weapons or firearms in following states: Ala., Code 1928, ss. 5542, 5446; Ariz., Rev. Code 1928, s. 4700; Ga., Penal Code ss. 1467-79, 201; Me., Rev. Stat. 1930, ch. 129, s. 40; Ib., ch. 49, s. 47; Minn., Mason's 1927, s. 10256; Mo. Stat. 1932, s. 4030; Ohio, Code 1930, s. 12697; Ph. I., Penal Code, 1930, Art. 2690; P. R., Laws 1924, Art. 14, ss. 3, 4, 12; Tenn., Code 1932, ss. 11009, 11010; Tex., Comp. Stat. 1928. NOTE TO SECTION 8 Ark. Castle's Supp. to Stat. 1931, s. 9804d. After April 1, 1931, persons permitted by law to possess machine guns shall file with Secretary of State sworn application giving his name and address and serial number of machine gun, said Secretary to register such person in a book, assign a number and issue a card which applicant shall keep with him while the machine gun is in his possession. Cal. Stat. 1931, ch. 1060, amending 1927 Stat ch. 662. Applications for permits (see Section 6, supra) in writing shall state name, business address, business in which engaged and use to which machine gun to be put. Applications shall be uniform throughout state. D. C. Pub. 276, 72d Congress, approved July 8, 1932. One copy of record of sale (see Section 7, supra) shall be forwarded by mail within seven days of sale to superintendent of police and other copy retained by seller for six years. Ill. Cahill's 1951, ch. 38, s. 409. Sheriff shall keep a record of all permits issued by him. Mass. Acts 1922, ch. 485, s. 3; Acts 1927, ch. 326, s. 1. Licensing authorities in any town authorized to grant licenses to persons to sell, rent or lease fire arms and fix fee therefor; licenses shall specify address where business carried on and is only valid as to that address. Licenses shall be recorded. Mich. Acts 1931, ch. 37. Vendor of firearms who fail to keep register with name, age, occupation and residence of purchaser together with number or other mark of identification, which register shall be open for inspection of peace officers at all times, shall be guilty of misdemeanor. N. J. Comp. Stat. 1925-30, s. 52-43q(3)(4). To purchase, have or possess machine gun person applies to Judge of Court of Common Pleas of county in which he resides for license. Judge refers application to sheriff of county or chief police officer of municipality, in which applicant resides, for investigation, and approval; if approved, judge may issue license in his discretion for protection of applicant or his servants and employees. Upon issuance, the county clerk enters record of license in a book provided for the purpose, stating date of issuance and name and address of licensee; after record made, said clerk delivers license to licensee. N. Y. Laws 1931, ch. 762, ss. 9a, 10. Police Commissioner of New York City may issue license only to resident of that city. Outside that city judge of court of record may issue license to resident of county in which the judge is located. A qualified person principally engaged, or a merchant or storekeeper having his principal place of business in such city or county may be issued a license. Expense of blank applications, licenses and records shall be charged against the county or City of New York as the case may be. Forms shall be approved by the Police Com- missioner for New York City and by the State Superintendent of Police for the counties. License fee is fifty cents, collected by the judge or officer to be paid into the treasury of the county. The application, if the license is granted, shall be filed in the city or county clerk's office, as the case may be, where the applicant resides and a duplicate copy shall be filed in the executive department, division of state police, within ten days after issuance of license. The license shall specify the weapon for which issued and whether to be carried on person or on premises. It expires the 1st of January, though it may be expressly limited to expire on an earlier date. A householder may possess a weapon, unlimited as to time. All licenses, however, may be revoked at any time by the police commissioner of New York City, or by a judge of a court of record in any county outside New York City. A license with date of expiration thereon may be renewed and time of license extended pending disposition of application for renewal provided application made before date of expiration. License shall specify place where licensee shall possess the weapon. Each application for a license shall be accompanied by a photograph in duplicate of the applicant taken within thirty days of filing the application, one copy being attached to the license and the other to the application. The officer to whom application is made shall ascertain before license is issued if applicant has been convicted of crime and shall cause fingerprints of such applicant, except householder, to be taken in duplicate; one copy shall remain on file in office of officer taking same, the other copy to be filed in office of executive department, division of state police within ten days after license issued. Inspection of fingerprints not permitted except by peace officers, or upon order of a judge of a court of record on such notice, if any, to the person to whom the license was issued as the judge may determine. Person convicted of illegally using, carrying or possessing a pistol or other dangerous weapon; making or possessing burglars' instruments; buying or receiving stolen property; unlawful entry of a building; aiding escape from prison; interfering with any person in any place by jostling against such person or unnecessarily crowding him or by placing a hand in the proximity of such person's pocket, pocketbook or handbag; unlawfully possessing or distributing habit-forming narcotics, drugs, shall not be en- titled to a license. Gilbert's Penal Laws, 1931, s. 1897, subss. 11, 12. A coupon shall be attached to each license which shall be removed and retained by person selling or otherwise providing the licensee with the weapon contemplated in the license. Any person who provides another with a weapon except upon presentation, removal or retention of such coupon commits a misdemeanor. N. D. Laws 1931, ch. 178, ss. 3, 4. Person may acquire license to purchase, sell, have, or possess a machine gun, etc., by application to the Judge of the District Court of the county in which the applicant resides. Application shall be in writing and state in detail the reason why the license is desired. The judge shall refer the application to the sheriff of the county or to the chief police officer of the municipality in which the applicant resides for investigation and approval. If approved the judge in his discretion may issue a license. The application and license shall both contain a description of the gun licensed, including name of manufacturer, number and caliber. License shall be issued in duplicate, the duplicate to be filed in the office of State Superintendent of Criminal Identification. Pa. Laws 1929, Act 329, s. 4. Sheriffs of the several counties authorized upon application and payment of a fee of one dollar to issue permits for ownership and possession of machine guns by veteran and organization of veterans upon production of evidence that organization is a bona fide organization or the veteran is of good moral character and reputation, and ownership and possession is actually desired as a relic. W. Va. Code Anno. 1932, s. 6044. To get license for possessing a machine gun person must publish a notice in one issue of newspaper published in county in which he resides, setting forth his name, residence, and occupation, and that he will apply to the circuit court of his county for such state license. After ten days' publication of the notice and at the time stated in the notice the court may grant such license in the following manner: Applicant shall file with the court his application in writing, duly verified, showing (a) applicant is a citizen of the United States; (b) is a bona fide resident of state for one year and of the county sixty days; (c) that he is over twenty-one years of age, of good moral character, of temperate habits, not addicted to intoxicants, and never convicted of felony or any offense involving use of weapons; (d) purpose for which weapon desired, necessity therefor, and counties in which license to be effective. Court shall hear evidence on matters stated in the application and all pertinent matters, and if satisfied it may grant such license, upon payment of license fee of twenty dollars to sheriff and file with clerk of court a bond in penalty of $3,500.00, with good security, signed by a responsible person, or by some surety company authorized to do business in the state conditioned that the applicant will not carry the weapon except in accordance with the application and as authorized by the court, and that he will pay all costs and damages accruing to any person by accidental discharge or negligent, improper or illegal use of such weapons. License good for one year, unless revoked and co-extensive with counties as the court may designate in the order granting the license. Clerk of Circuit Court shall immediately furnish superintendent of department of public safety a certified copy of order of court granting license, for which clerk shall be paid a fee of two dollars, taxed as costs in the proceeding. Licenses to railway police shall be co-extensive with state and deputy sheriffs having license are permitted to carry weapons any place while in performance of their duties. Note: Registration of firearms and dangerous or deadly weapons is regulated by statutes which by construction cover machine guns in the following states: N. C. Code 1931, s. 952-36; P. R., Laws 1924, Art, 14, s. 7. NOTE TO SECTION 9 Ark. Castle's Supp. to Stat. 1931, S. 2804a et seq. Upon conviction of illegal possession, etc. (see Section 6, supra) the machine gun shall be confiscated and title thereof pass to the political subdivision of the State making the capture. Ill. Cahill's 1931, ch. 38, s. 409, subs. 6. Practically same except delivery of gun shall be made to agency of state or its political subdivision authorized to possess machine guns and sale to person authorized to possess same may be ordered. Ia. 1931 Code, ch. 564-B1. Peace officers to deliver machine guns to sheriff who reports delivery to the district court, which may enter summary order for destruction or such order as necessary to preserve it for use as evidence. Mass. Cum. Stat. 1929, ch. 269, s. 10. Upon conviction (see Section 3, supra) machine gun shall be confiscated by the commonwealth and upon written order of the court forwarded by common carrier to the commissioner of public safety who may sell or destroy same and in case of sale, after paying cost of forwarding, pay over net proceeds to the commonwealth. Mich. Acts 1931, ch. 37. On complaint to magistrate that machine gun is unlawfully possessed he shall upon reasonable cause issue warrant to any peace officer, commanding him to search person or place described and if found "seize and hold same as evidence of violation of" chapter 37; (see other sections herein). Machine guns possessed contrary to chapter 37 are "hereby" declared forfeited to the state. R. I. Acts 1927, ch. 1062, ss. 10, 16. Firearms, including machine guns, are hereby declared to be nuisances and forfeited to the state. When taken from any person such firearms shall be surrendered to superintendent or chief of police, or town sergeant who shall destroy them at stated intervals of one year, unless a justice of the superior court or the attorney-general certifies that non-destruction is necessary or proper to the ends of Justice. Every officer may without complaint and warrant arrest any person who possesses any firearm whenever such "officer has reasonable ground to suspect that such person possesses or is using or is carrying such firearm contrary to law." Any person so arrested may be detained 24 hours for investigation without complaint being made against him. W. Va. Code Anno. 1932, s. 6050. Upon revocation of any permit or if machine guns etc. are possessed etc. unlawfully the department of public safety shall confiscate them and shall safely store and keep same subject to the order of the governor. Note: Laws referring to firearms, or dangerous or deadly weapons have achieved the same result in part in the following states: Ala., Code 1928, s. 5499; Ariz., Rev. Code 1928, s. 5292; Fla., Comp. Laws 1927, s. 7205; Hawaii, Rev. Laws, 1925, s. 3974; Ida., Comp. Stat. 1919, s. 9328; Mont., Rev. Code 1921, s. 11763; Nev., Comp. Laws 1929, ss. 10761, 2300, 2301; N. J., Comp. Stat. 1925-30, s. 52-432(16); N. D., Comp. Laws 1913, ss. 10578, 11096, 11149; Ph. I., Penal Code 1930, Art. 607; lb., s. 2692, p. 831; P. R., Laws 1924, Art. 14, ss. 9, 10; Tenn., Code 1932, ss. 11018, 11019, 11015; Tex., Comp. Stat. 1928, Art. 487; Utah, Comp. Laws 1917, ss. 2600, 2601, 2602; Va., Code 1930, ss. 4578, 4675(9); Wyo., Rev. Stat. 1931, s. 34-411.