Eley v. Commonwealth (P)

In the defendant’s conviction for carrying a loaded firearm equipped with a high-capacity magazine, the statutory exemption in Code § 18.2-308(C)(8) for a firearm carried in “a personal, private motor vehicle” did not apply because the defendant knew that the truck in which he secured the firearm was stolen.

The word “personal” in the phrase “a personal, private motor vehicle” must mean something different from the word “private.” By using the adjective “personal,” the legislature meant at the very least to require that the vehicle in which one secures a firearm, in addition to being a “private” or non-public one, must also be one that the person claiming the exemption lawfully possesses or occupies.

Affirmed.

Eley v. Commonwealth (P), No. 0625-18-1, Apr. 16, 2019. CAV (Decker) from Newport News (Mills).



Categories: Court of Appeals of Virginia, Opinions, Published

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