134-22

Possession of a firearm with intent to facilitate the commission of a felony drug offense; penalty

[§134-22] Possession of a firearm with intent to facilitate the commission of a felony drug offense; penalty. (a) It shall be unlawful for a person to knowingly possess a firearm with the intent to facilitate the commission of a felony offense involving the distribution of a controlled substance, whether the firearm was loaded or not, and whether operable or not.

(b) For the purposes of this section:

“Controlled substance” shall have the same meaning as defined in section 329-1.

“Distribution” means the selling, transferring, prescribing, giving or delivering to another, or the leaving, bartering, or exchanging with another, or the offering or agreeing to do the same.

© 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.

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