The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend various codes as they relate to criminal offenses related to carrying a firearm. Under the provisions of the bill, certain unlawful carrying of a firearm felony offenses would be repealed and the circumstances for certain offenses would be modified. Under existing statute, unlawful carrying of a handgun by a license holder or weapon is punishable as a misdemeanor or felony based on the specific 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.
Repealing felony offenses is 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 onto supervision in the community or sentenced to a term of confinement within state correctional institutions while expanding the circumstances for certain offenses is expected to result in increased demands. From fiscal years 2018 through 2020, an average of 346 people were arrested, 23 were placed onto felony direct community supervision, and fewer than ten were admitted into a state correctional institution for the felony weapon and handgun related offenses modified in the bill. Of those, an average of fewer than ten younger than 21 years at the time of offense were placed on felony direct community supervision or admitted into a state correctional institution for the third degree felony offense of unlawful carrying of a weapon. 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.