16-11-106
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16-11-106.
(a)
For the purposes of this Code section, the term 'firearm' shall include stun
guns and tasers. A stun gun or taser is any device that is powered by electrical
charging units such as batteries and emits an electrical charge in excess of
20,000 volts or is otherwise capable of incapacitating a person by an electrical
charge.
(b)
Any person who shall have on or within arm´s reach of his or her person a
firearm or a knife having a blade of three or more inches in length during the
commission of, or the attempt to commit:
(1)
Any crime against or involving the person of another;
(2)
The unlawful entry into a building or vehicle;
(3)
A theft from a building or theft of a vehicle;
(4)
Any crime involving the possession, manufacture, delivery, distribution,
dispensing, administering, selling, or possession with intent to distribute any
controlled substance or marijuana as provided in Code Section 16-13-30, any
counterfeit substance as defined in Code Section 16-13-21, or any noncontrolled
substance as provided in Code Section 16-13-30.1; or
(5)
Any crime involving the trafficking of cocaine, marijuana, or illegal drugs as
provided in Code Section 16-13-31,
and
which crime is a felony, commits a felony and, upon conviction thereof, shall be
punished by confinement for a period of five years, such sentence to run
consecutively to any other sentence which the person has received.
(c)
Upon the second or subsequent conviction of a person under this Code section,
the person shall be punished by confinement for a period of ten years.
Notwithstanding any other law to the contrary, the sentence of any person which
is imposed for violating this Code section a second or subsequent time shall not
be suspended by the court and probationary sentence imposed in lieu thereof.
(d)
The punishment prescribed for the violation of subsections (b) and (c) of this
Code section shall not be reducible to misdemeanor punishment as is provided by
Code Section 17-10-5.
(e)
Any crime committed in violation of subsections (b) and (c) of this Code section
shall be considered a separate offense.