The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend various codes as they relate to carrying a handgun. Under the provisions of the bill,
the penalty for unlawful weapons carrying would be reduced to a Class C misdemeanor, and certain defenses from prosecution, as well as certain weapons offenses, that apply to individuals with a concealed handgun license would be amended to apply to individuals who are not otherwise prohibited from possessing or carrying a handgun. Under existing statute, the affected weapons carrying offenses are punishable as a Class A misdemeanor or as a third-degree felony, depending on the circumstances of the offense.
A third degree felony is punishable by confinement in prison for a term from 2 to 10 years and, in addition to confinement, an optional fine not to exceed $10,000. A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year and, in addition to confinement, an optional fine not to exceed $4,000.
Reducing the penalty for an offense and adding to the set of circumstances which constitute a defense to prosecution for an offense are expected to result in fewer demands upon the correctional resources of counties or of the State due to a decrease in the number of individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. Expanding the set of behaviors for which a criminal penalty may be applied is expected to result in increased demands upon the correctional resources of counties or of the State due to an increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. From fiscal year 2018 to 2020, 1,045 people were arrested, 69 were placed under direct community supervision, and 19 were admitted into a state correctional institution for the offense of unlawful weapons carry under existing statute. This analysis assumes implementing the provisions of the bill addressing felony sanctions would not result in a significant impact on state correctional populations or on the demand for state correctional resources.