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Accomplished Advocate
I have a client who has been participating in courses under the supervision of the Va. State Police, Department of Criminal Justice Services. Someone during the course of these classes has asserted that Va. Code § 18.2-308 permits a concealed carry permit holder to be in possession of one, and only one, handgun. The reasoning is apparently from the use of the word, "a", coupled with the noun in the singular form in the code section:
This is just plain wrong. There is a basic rule of construction that says that where a number or enumeration is required in order for criminal penalties to attach, it must be stated explicitly. This is related to the concept that a penal statute must be strictly construed against the Commonwealth. So where a statute says, "one and only one" or "not more than two" or some such thing, that's a clear limitation as to number. But the word, "a", is merely a part of speech, a definite article, and not a specification of number. But for people who are still unpersuaded, consider these statutes:
and
Since the latter definition "includes" the word, "includes", the singular and the plural both include any other concept of enumeration that one might imagine, a realm beyond dimensionality!
The bottom line is that a concealed carry permit holder can have anywhere from zero to as many guns as he can carry. ("To infinity, and beyond!") He is not, repeat, not limited to exactly one handgun.
This is just plain wrong. There is a basic rule of construction that says that where a number or enumeration is required in order for criminal penalties to attach, it must be stated explicitly. This is related to the concept that a penal statute must be strictly construed against the Commonwealth. So where a statute says, "one and only one" or "not more than two" or some such thing, that's a clear limitation as to number. But the word, "a", is merely a part of speech, a definite article, and not a specification of number. But for people who are still unpersuaded, consider these statutes:
and
Since the latter definition "includes" the word, "includes", the singular and the plural both include any other concept of enumeration that one might imagine, a realm beyond dimensionality!
The bottom line is that a concealed carry permit holder can have anywhere from zero to as many guns as he can carry. ("To infinity, and beyond!") He is not, repeat, not limited to exactly one handgun.
