Section 265.15. Presumptions of possession, unlawful intent and defacement  


Latest version.
  • 1.  The  presence  in  any room, dwelling, structure or vehicle of any
      machine-gun is presumptive evidence of its unlawful  possession  by  all
      persons occupying the place where such machine-gun is found.
        2.  The  presence  in  any  stolen  vehicle of any weapon, instrument,
      appliance or substance specified in  sections  265.01,  265.02,  265.03,
      265.04  and  265.05  is  presumptive  evidence  of its possession by all
      persons occupying such vehicle at  the  time  such  weapon,  instrument,
      appliance or substance is found.
        3.  The presence in an automobile, other than a stolen one or a public
      omnibus, of any  firearm,  large  capacity  ammunition  feeding  device,
      defaced  firearm,  defaced  rifle  or  shotgun,  defaced  large capacity
      ammunition feeding device, firearm  silencer,  explosive  or  incendiary
      bomb,  bombshell,  gravity  knife,  switchblade  knife,  pilum ballistic
      knife, metal knuckle knife, dagger, dirk,  stiletto,  billy,  blackjack,
      plastic  knuckles,  metal  knuckles,  chuka  stick, sandbag, sandclub or
      slungshot is presumptive evidence  of  its  possession  by  all  persons
      occupying  such  automobile  at  the  time  such  weapon,  instrument or
      appliance is found, except under the  following  circumstances:  (a)  if
      such  weapon, instrument or appliance is found upon the person of one of
      the occupants therein; (b) if such weapon, instrument  or  appliance  is
      found  in  an  automobile  which  is  being  operated for hire by a duly
      licensed driver in the due, lawful and proper  pursuit  of  his  or  her
      trade,  then  such  presumption shall not apply to the driver; or (c) if
      the weapon so found is a pistol or revolver and one  of  the  occupants,
      not  present  under duress, has in his or her possession a valid license
      to have and carry concealed the same.
        4. The possession by any person  of  the  substance  as  specified  in
      section 265.04 is presumptive evidence of possessing such substance with
      intent  to  use  the  same  unlawfully against the person or property of
      another if such person  is  not  licensed  or  otherwise  authorized  to
      possess  such  substance.  The  possession  by any person of any dagger,
      dirk,  stiletto,  dangerous  knife  or  any  other  weapon,  instrument,
      appliance  or substance designed, made or adapted for use primarily as a
      weapon, is presumptive evidence of intent to  use  the  same  unlawfully
      against another.
        5.  The  possession  by  any person of a defaced machine-gun, firearm,
      rifle or shotgun is presumptive evidence that such  person  defaced  the
      same.
        6.  The  possession  of  five  or  more  firearms  by  any  person  is
      presumptive evidence that such person possessed the  firearms  with  the
      intent to sell same.