[§134-21] Carrying or use of firearm in the commission of a separate felony; penalty.

230 words·~1 min read·/hi/chapter-134/134-21

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)It shall be unlawful for a person to knowingly carry on the person or have within the person's immediate control or intentionally use or threaten to use a firearm while engaged in the commission of a separate felony, whether the firearm was loaded or not, and whether operable or not; provided that a person shall not be prosecuted under this subsection when the separate felony is:

(1)A felony offense otherwise defined by this chapter;

(2)The felony offense of reckless endangering in the first degree under section 707-713;

(3)The felony offense of terroristic threatening in the first degree under section 707-716(1)(a), 707-716(1)(b), or [707-716(1)(e)]; or

(4)The felony offenses of criminal property damage in the first degree under section 708-820 or criminal property damage in the second degree under section 708-821 and the firearm is the instrument or means by which the property damage is caused.

(b)A conviction and sentence under this section shall be in addition to and not in lieu of any conviction and sentence for the separate felony; provided that the sentence imposed under this section may run concurrently or consecutively with the sentence for the separate felony.

(c)Any person violating this section shall be guilty of a class A felony. [L 2006, c 66, pt of §1]