[§134-21] Carrying or use of firearm in the
commission of a separate felony; penalty. (a) It shall be unlawful for a
person to knowingly carry on the person or have within the person's immediate
control or intentionally use or threaten to use a firearm while engaged in the
commission of a separate felony, whether the firearm was loaded or not, and
whether operable or not; provided that a person shall not be prosecuted under
this subsection when the separate felony is:
(1) A felony offense otherwise defined by this
chapter;
(2) The felony offense of reckless endangering in the
first degree under section 707-713;
(3) The felony offense of terroristic threatening in
the first degree under section 707-716(1)(a), 707-716(1)(b), or [707-716(1)(e)];
or
(4) The felony offenses of criminal property damage
in the first degree under section 708-820 or criminal property damage in the
second degree under section 708-821 and the firearm is the instrument or means
by which the property damage is caused.
(b) A conviction and sentence under this
section shall be in addition to and not in lieu of any conviction and sentence
for the separate felony; provided that the sentence imposed under this section
may run concurrently or consecutively with the sentence for the separate
felony.
(c) Any person violating this section shall be
guilty of a class A felony. [L 2006, c 66, pt of §1]
Notes of Decisions
Cited in
33
cases (
13 in the last 5 years), 2007–2026 · leading case:
State v. Deleon., 319 P.3d 382 (Haw. 2014).
State v. Deleon., 319 P.3d 382 (Haw. 2014).
· cites it 12× “5, and 706-656 (Count III); Carrying or Use of Firearm in the Commission of a Separate Felony in violation of HRS § 134-21 as to Count II (Count IV); Carrying or Use of Firearm in the Commission of a Separate Felony in violation of HRS § 134-21 as to Count III (Count V); Place…”
State v. Martin. ICA s.d.o., filed 03/29/2019., 463 P.3d 1022 (Haw. 2020).
· cites it 7× “Plain error or defects 29 HRS § 134-21 provides in relevant part as follows: (a) It shall be unlawful for a person to knowingly carry on the person or have within the person’s immediate control or intentionally use or threaten to use a firearm while engaged in the commission of…”
State v. Underwood., 418 P.3d 658 (Haw. 2018).
· cites it 6× “BACKGROUND On April 15, 2014, Brian Underwood was charged with the following offenses: count I, kidnapping in violation of Hawai'i Revised Statutes (HRS) § 707-720(1)(e) ; 1 count II, carrying or use of a firearm in the commission of a separate felony in violation of HRS §…”
Lewi v. State., 452 P.3d 330 (Haw. 2019).
· cites it 4× “5(1); Count 2, Carrying or Use of a Firearm in the Commission of a Separate Felony, in violation of HRS § 134-21(a); Count 3, 1 The Honorable Glenn S.”
State v. Metcalfe., 297 P.3d 1062 (Haw. 2013).
· cites it 6× “5, 2 and Carrying or Use of Firearm in the Commission of a Separate Felony, in violation of HRS § 134-21. 3 On July 9, 2009, the State filed a nearly identical amended complaint listing the same charges.”
State v. Lavoie., 453 P.3d 229 (Haw. 2019).
· cites it 4× “5;1 carrying or use of a firearm in the commission of a separate felony in violation of HRS § 134-21(a);2 ownership or possession prohibited of any firearm in violation of HRS § 134- 7(b);3 and place to keep loaded firearms other than pistols and 1 HRS § 707-701.”
State v. Obrero., 517 P.3d 755 (Haw. 2022).
· cites it 4× “On the afternoon of November 14, 2019 – just a few hours after the grand jury returned a no bill – the State made its case again, 3 this time at a preliminary 1 The State also alleged Obrero had violated HRS § 134-21 (2011) by using a firearm to commit second-degree murder.”
State v. Pasene., 439 P.3d 864 (Haw. 2019).
· cites it 2× “Pre-trial Proceedings Pasene was indicted by a grand jury in connection with Peneueta's killing and charged with, inter alia, Murder in the Second Degree, in violation of Hawai'i Revised Statutes (HRS) § 707-701.”
State v. Padilla, 164 P.3d 765 (Haw. App. 2007).
· cites it 2× “Effective May 2, 2006, the Hawai’i Legislature repealed HRS § 134-6 and replaced it with HRS §§ 134-21 through 134-27 (Supp.2006).”
State v. DeLeon., 426 P.3d 432 (Haw. 2018).
· cites it 2× “5, and 706-656 ; Carrying or Use of Firearm in the Commission of a Separate Felony (Counts IV and V), in violation of HRS §§ 134-21, 705-500, 707-701.5, and 706-656 ; Place to Keep Pistol or Revolver (Count VI), in violation of HRS § 134-25 ; Reckless Endangering in the First…”
Young v. Hawaii, 911 F. Supp. 2d 972 (D. Haw. 2012).
· cites it 2× “The other challenged provision, HRS § 134-6, was repealed in 2006 and replaced by HRS §§ 134-21 through 134-27. See Act 66, § 6, of the 2006 Haw.”
Young v. Hawaii, 548 F. Supp. 2d 1151 (D. Haw. 2008).
· cites it 2× “HRS § 134-6, which criminalized the carrying or use of firearms in certain circumstances, was replaced by HRS §§ 134-21 through 134-27 (2006). See Act 66, § 6, of the 2006 Haw.”
— Haw. Rev. Stat. § 134-21(a) — 10 cases
State v. Martin. ICA s.d.o., filed 03/29/2019., 463 P.3d 1022 (Haw. 2020).
“Plain error or defects 29 HRS § 134-21 provides in relevant part as follows: (a) It shall be unlawful for a person to knowingly carry on the person or have within the person’s immediate control or intentionally use or threaten to use a firearm while engaged in the commission of…”
Lewi v. State., 452 P.3d 330 (Haw. 2019).
“5(1); Count 2, Carrying or Use of a Firearm in the Commission of a Separate Felony, in violation of HRS § 134-21(a); Count 3, 1 The Honorable Glenn S.”
State v. Lavoie., 453 P.3d 229 (Haw. 2019).
“5;1 carrying or use of a firearm in the commission of a separate felony in violation of HRS § 134-21(a);2 ownership or possession prohibited of any firearm in violation of HRS § 134- 7(b);3 and place to keep loaded firearms other than pistols and 1 HRS § 707-701.”
State v. Metcalfe., 297 P.3d 1062 (Haw. 2013).
“5, 2 and Carrying or Use of Firearm in the Commission of a Separate Felony, in violation of HRS § 134-21. 3 On July 9, 2009, the State filed a nearly identical amended complaint listing the same charges.”
— Haw. Rev. Stat. § 134-21(a)(3) — 1 case
— Haw. Rev. Stat. § 134-21(b) — 1 case
— Haw. Rev. Stat. § 134-21(c) — 1 case
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