State v. Lee

MOORE, Justice.

The warrant charged that defendant “did possess a machine gun or submachine gun or other like weapon, to wit: a Universal Caliber 30 Ml Carbine, Serial No. 135258, capable of firing thirty-one (31) shots, by the successive pulling of the trigger . . . in violation of G.S. 14-409.” G.S. 14-409 in pertinent part provides: “It shall be unlawful for any person ... to possess machine guns, submachine guns, or other like weapons. . . . Provided, further, that automatic shotguns and pistols or other automatic weapons that shoot less than thirty-one shots shall not be construed to be…