The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend various codes as they relate to provisions governing the carrying of a firearm by a person who is 21 years of age or older and not otherwise prohibited by state or federal law from possessing the firearm and to other provisions related to the carrying, possessing, transporting, or storing of a firearm or other weapon. Under the provisions of the bill, certain unlawful carrying of a handgun felony offenses would be repealed, unlawful carrying of a weapon offenses would be enhanced in certain circumstances, and the circumstances for certain other offenses would be modified. Under existing statute, unlawful carrying of a handgun by a license holder, unlawful carrying of a weapon, or unlawful possession of a firearm are punishable as a misdemeanor or felony based on the specific circumstances of the offense.
A second degree felony is punishable by confinement in prison for a term from 2 to 20 years and a third degree felony is punishable by confinement in prison for a term from 2 to 10 years. In addition to confinement, most felonies are subject to 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 or reducing the circumstances of 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 creating new offenses, expanding the circumstances for an offense, or enhancing the criminal penalty for 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 under existing statute. 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.