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§134-22

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

Firearms · Chapter 134 — Firearms, Ammunition and Dangerous Weapons · Part I. General Regulations

(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]

No Hawaiʻi pattern jury instruction (HAWJIC) has been published for this offense — prove each statutory element above on its own terms.

Source / Amendment history

[L 2006, c 66, pt of §1]