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

     [§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]