(1) It is unlawful for any person knowingly or intentionally to possess, receive, retain, acquire or obtain possession or dispose of a stolen firearm or attempt to possess, receive, retain, acquire or obtain possession or dispose of a stolen firearm.
(2) It is unlawful for any person knowingly or intentionally to sell, deliver or transfer a stolen firearm or attempt to sell, deliver or transfer a stolen firearm.
(3) Any person convicted of violating this section shall be guilty of a felony and shall be punished as follows:(a) For the first conviction, punishment by commitment to the Department of Corrections for five (5) years.(b) For the second and subsequent convictions, the offense shall be considered trafficking in stolen firearms punishable by commitment to the Department of Corrections for not less than fifteen (15) years.(c) For a conviction where the offender possesses two (2) or more stolen firearms, the offense shall be considered trafficking in stolen firearms punishable by commitment to the Department of Corrections for not less than fifteen (15) years.(d) For a conviction where the sale, delivery, or transfer of a stolen firearm or the attempt to sell, deliver, or transfer of a stolen firearm was to a child, the offense shall be punishable by commitment to the Department of Corrections for not less than ten (10) years but not to exceed twenty (20) years. (e) For a conviction where the sale, delivery, or transfer of a stolen firearm was for a firearm that was subsequently used in a crime of violence pursuant to Section 97-3-2, the offense shall be punishable by commitment to the Department of Corrections for not less than ten (10) years but not to exceed thirty (30) years. (f) For a conviction where the sale, delivery, or transfer of a stolen firearm was for a firearm that was subsequently used in an attempted murder pursuant to Section 97-1-7(2), murder or capital murder pursuant to Section 97-3-19, or child homicide pursuant to Section 97-3-25(2)(a), the offense shall be punishable for not less than ten (10) years but not to exceed forty (40) years.
(a) For the first conviction, punishment by commitment to the Department of Corrections for five (5) years.
(b) For the second and subsequent convictions, the offense shall be considered trafficking in stolen firearms punishable by commitment to the Department of Corrections for not less than fifteen (15) years.
(c) For a conviction where the offender possesses two (2) or more stolen firearms, the offense shall be considered trafficking in stolen firearms punishable by commitment to the Department of Corrections for not less than fifteen (15) years.
(d) For a conviction where the sale, delivery, or transfer of a stolen firearm or the attempt to sell, deliver, or transfer of a stolen firearm was to a child, the offense shall be punishable by commitment to the Department of Corrections for not less than ten (10) years but not to exceed twenty (20) years.
(e) For a conviction where the sale, delivery, or transfer of a stolen firearm was for a firearm that was subsequently used in a crime of violence pursuant to Section 97-3-2, the offense shall be punishable by commitment to the Department of Corrections for not less than ten (10) years but not to exceed thirty (30) years.
(f) For a conviction where the sale, delivery, or transfer of a stolen firearm was for a firearm that was subsequently used in an attempted murder pursuant to Section 97-1-7(2), murder or capital murder pursuant to Section 97-3-19, or child homicide pursuant to Section 97-3-25(2)(a), the offense shall be punishable for not less than ten (10) years but not to exceed forty (40) years.
(4) Any person who commits or attempts to commit any other crime while in possession of a stolen firearm shall be guilty of a separate felony of possession of a stolen firearm under this section and, upon conviction thereof, shall be punished by commitment to the Department of Corrections for five (5) years, such term to run consecutively and not concurrently with any other sentence of incarceration.