OPINION
Thе defendant was convicted, in a non-jury trial, of a violation of 11 Del.C., § 465(A), possession of a sawed-off shotgun. The еvidence showed that the shotgun barrels were slightly less than 18 inches in length and overall length of the weapon was just over 26 inches.
The statute in question reads, in pertinent pаrt, as follows:
“The term ‘short-barrelled’ or ‘sawed-off shotgun’ as used in this section means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun (whether by alteration, modification, or otherwise) if such weapon as modified has an overall lеngth of less than 26 inches.”
*657 The defendant moves for judgment of acquittal on the ground that the statute proscribes the possession of a shotgun that (1)has one or more barrеls less than 18 inches in length and (2) has an overall length less than 26 inches—not either, both. He argues that the word “and” in the third line of § 465A(c) is used in the conjunctive sense rather than the disjunctive.
“And” is а connective, in its commonly accepted meaning, and is not generally used to express an alternаtive—unless it is followed by words which clearly indicate that intent. In Re Jenkins Estate (1936)
“Words which clearly indicate (the) intent” to express an alternative are surely found in the Delaware statute, creating an exception to the ordinary rule of construction.
For the sake of clаrity, I paraphrase the Delaware statute defining the prohibited act as follows:
One may not possess “a shotgun” with a barrel less than 18 inches or a “weapon made from a shotgun” if such weapon is less than 26 inches in overall length.
Two separate and distinct firearms are dеscribed and two separate evils are anticiрated.
First, one who shortens a shotgun barrel to 12 inches may more easily conceal an extremely dangеrous weapon and fire it “from the shoulder”. (See § 465A(b))
Secondly, one who removes the stock of a “shotgun” up to the trigger guard, rendering it incapable of firing from the shouldеr, and reduces the barrel length to, say, 20 inches, for an оverall length of 24 inches, has created a “weaрon made from a shotgun”, i. e., a handgun, and he too may more easily conceal an extremely dangerous weapon.
The intent of the legislation is, therefore, apparent and the motion must be denied.
It seems, hоwever, that it behooves the State to seek immediate revision of all of § 465A. Sec. (a) prohibits the possession of “a short-barrelled or sawed-off shotgun”. Sec. (b) dеfines “shotgun” as a weapon designed and intended to bе fired “from the shoulder”. Sec. (c) then begins with, “The term ‘short-barrelled’ or ‘sawed-off shotgun’ as used in this section means a shotgun . . .”.
The statute should clearly name the two general tyрes of weapons prohibited and describe each one as attempted in the present section (c).
The defendant’s motion is denied.