Possession of weapons during commission of a felony; penalty

Possession of weapons during commission of a felony; penalty. (a) No person shall within the Commonwealth knowingly possess a firearm, imitation firearm, dangerous device or imitation dangerous device, destructive device or imitation destructive device, while committing a felony. (b) “Possession” as used in this section means simple physical possession, the use of the firearm, imitation firearm, dangerous device or imitation dangerous device, destructive device or imitation destructive device in furtherance of the felony is not an element of the crime. (c) Upon conviction of a violation of this section, the person shall be fined not more than $10,000 and shall be sentenced to imprisonment for a term not to exceed 15 years and shall be sentenced to imprisonment for a mandatory-minimum term of not less than 5 years and shall not be released on parole, or granted probation or suspension of sentence, prior to serving the mandatory-minimum sentence. Source: PL 19-42 § 7 (Apr. 11, 2016), modified. Commission Comment: The Commission numbered this section pursuant to 1 CMC § 3806(a). The Commission substituted “section” in subsection (c) for “subsection” pursuant to 1 CMC § 3806(d). The Commission struck a redundant “shall” in subsection (a) pursuant to 1 CMC § 3806(g).