§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.
(c) 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]