§1059.__Criminal use of firearm

1.__A person is guilty of criminal use of a firearm if:

A.__The person uses a firearm while committing a crime of violence or a Class A, B or C crime under chapter 45; or

B.__Carries a firearm while committing a crime of violence or a Class A, B or C crime under chapter 45.

2.__A violation under this section is an offense separate and distinct from the underlying crime being committed.

3.__Notwithstanding any other provision of this Title, a person convicted under this section must be sentenced to a term of imprisonment of 5 years and may not be placed on probation.

4.__The mandatory minimum sentence must run consecutively to any sentence received for the underlying crime and the defendant may not be placed on probation.

5.__Criminal use of a firearm is a Class C crime.

Sec. 3. Public awareness and community support program. The Commissioner of Public Safety shall implement within 6 months of the effective date of this Act a public awareness and community support program that builds support for and warns potential violators of the provisions of the Maine Revised Statutes, Title 17-A, sections 1058 and 1059.

Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

SUMMARY

This bill creates the offenses of criminal possession of a firearm and criminal use of a firearm, both of which are Class C crimes that carry mandatory minimum 5-year sentences. A person is guilty of criminal possession of a firearm if the person has been convicted of a crime of violence and is in possession of a firearm. A person is guilty of criminal use of a firearm if the person uses or carries a firearm while committing a crime of violence or a Class A, B or C drug offense. This bill also requires the Commissioner of Public Safety to implement a public awareness and community support program that builds support for and warns potential violators of the provisions of the new law.