Current through Chapter 253 of the 2024 Legislative Session
Section 134-21 - Carrying or use of firearm in the commission of a separate felony; penalty(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 .