Va. Code » Title 18.2. Crimes and Offenses Generally » Chapter 7. Crimes Involving Health and Safety » Article 5. Uniform Machine Gun Act
Virginia Code

Va. Code Ann. § 18.2-292 (2026)

Presence prima facie evidence of use

✓ current as of May 2026
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The presence of a machine gun in any room, boat or vehicle shall be prima facie evidence of the possession or use of the machine gun by each person occupying the room, boat, or vehicle where the weapon is found.

Code 1950, § 18.1-262; 1960, c. 358; 1975, cc. 14, 15.

Notes of Decisions
Cited in 4 cases, 2001–2020 · leading case: Rivas v. United States, 783 A.2d 125 (D.C. 2001).
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Rivas v. United States, 783 A.2d 125 (D.C. 2001). · cites it 2× “§ 28-1228 & § 28-1212 (Mitchie, LEXIS through 2000 legislation) (explosive materials and firearms in other than public conveyances); N.”
Anthony Wayne Easterling, s/k/a Anthony Wayne Easterling, Jr. v. Commonwealth of Virginia (Va. Ct. App. 2020). · cites it 7× “” Code § 18.2-292 establishes, “The presence of a machine gun in any room, boat or vehicle shall be prima facie evidence of the possession or use of the machine gun by each person occupying the room, boat, or vehicle where the weapon is found.”
Chiquita Lynette Parker v. Commonwealth of Virginia (Va. Ct. App. 2017). · cites it 2× “”); Code § 18.2-292 (“The presence of a machine gun in any room, boat or vehicle shall be prima facie evidence of the possession or use of the machine gun by each person occupying the room, boat, or vehicle where the weapon is found.”
Commonwealth v. May, 62 Va. Cir. 360 (Rockingham Cir. Ct. 2003). “However, there is nothing in § 18.2-292(E) which limits detentions to only one ten-day detention per CHINS petition.”
— Va. Code Ann. § 18.2-292(E) — 1 case
Commonwealth v. May, 62 Va. Cir. 360 (Rockingham Cir. Ct. 2003). “However, there is nothing in § 18.2-292(E) which limits detentions to only one ten-day detention per CHINS petition.”
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