The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend various codes as they relate to a license to carry a handgun for a person who is at increased risk of becoming a victim of violence. Under the provisions of the bill, it is a defense to prosecution for certain unlawful carrying of a handgun by a license holder offenses if the person held a license bearing an at-risk designation as outlined in the bill. Additionally, in certain circumstances, the offense of unlawful carrying of a weapon would not apply if a person held a license bearing an at-risk designation as outlined in the bill. Under existing statute, unlawful carrying of a handgun by a license holder or weapon is punishable as a Class A misdemeanor of third degree 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.
Decreasing the circumstances for which a criminal penalty is applied is expected to result in fewer demands upon the correctional resources of counties or of the State due to an decrease in the number of individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. From fiscal years 2018 through 2020, an average of 366 people were arrested, 23 were placed onto felony direct community supervision, and fewer than ten were admitted into a state correctional institution for unlawful carrying of a weapon or handgun by a license holder offenses 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.