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

[§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.