(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:

Attorney's Note

Under the Hawaii Revised Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A felony20 years to lifeup to $50,000
For details, see Haw. Rev. Stat. § 706-659
criminal case

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Terms Used In Hawaii Revised Statutes 134-21

  • Conviction: A judgement of guilt against a criminal defendant.
  • Firearm: means any weapon, for which the operating force is an explosive, including but not limited to pistols, revolvers, rifles, shotguns, automatic firearms, noxious gas projectors, mortars, bombs, and cannon. See Hawaii Revised Statutes 134-1
(1) A felony offense otherwise defined by this chapter;
(2) The felony offense of reckless endangering in the first degree under § 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 § 708-820 or criminal property damage in the second degree under § 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.

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