[§134-21]  Carrying or use of firearm in thecommission of a separate felony; penalty.  (a)  It shall be unlawful for aperson to knowingly carry on the person or have within the person's immediatecontrol or intentionally use or threaten to use a firearm while engaged in thecommission of a separate felony, whether the firearm was loaded or not, andwhether operable or not; provided that a person shall not be prosecuted underthis subsection when the separate felony is:

(1)  A felony offense otherwise defined by thischapter;

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

(3)  The felony offense of terroristic threatening inthe 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 damagein the first degree under section 708-820 or criminal property damage in thesecond degree under section 708-821 and the firearm is the instrument or meansby which the property damage is caused.

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

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