Amendment ID: S2265-63

Amendment 63

Possession of Illegal Firearm

Mr. Tarr moves to amend the bill by inserting after SECTION 61 the following new section:

"SECTION_.Chapter 131 is hereby amended by inserting at the end there of the following new section:

Punishable by up to 10 years imprisonment. May receive

minimum sentence of 15 years without parole if offender has three or more prior

convictions for a felony crime of violence (e.g. burglary, robbery, assault, possession

of offensive weapons) and/or drug trafficking felony.

Elements

A. Possession or receipt of a firearm or ammunition;

B. By a subject who falls within one of the following categories:

Felon - (Additionally, persons awaiting trial on felony charges are prohibited from receiving

firearms.);

Drug user or addict - (Often shown where paraphernalia seized, subject tests positive for drugs

and/or subject claims drugs were possessed for personal use.);

Alien - (Includes illegal aliens and aliens lawfully admitted under non-immigrant visas, i.e., those

aliens not admitted for permanent residence. This provision does not prohibit aliens who lawfully

possess a so-called “green card” from possessing guns or ammunition.);

Is subject to a domestic restraining order - (The order must prohibit contact with an intimate

partner, or child of the subject, and must have been issued only after a hearing of which the

subject was notified and at which the subject had an opportunity to participate. The order must

also find the subject poses a threat to the physical safety of the intimate partner or child or must

prohibit the use, threatened use or attempted use of physical force.);

Has a prior conviction for domestic assault - (Includes a prior conviction for any assault or

threatened use of a deadly weapon against a present or former spouse or partner or child or

guardian of any such person. The subject must have been entitled to a jury trial and been

represented by counsel in the prior proceeding or be shown to have waived those rights.);

Fugitive from justice - (Fled any state to avoid being prosecuted or to avoid testifying in any

criminal proceeding.); or

Dishonorably discharged from the military; AND

C. The firearm or ammunition was transported across a state line at any time."