31AUse of firearms in the commission of offences

31A Use of firearms in the commission of offences

S. 31A(1) substituted by No. 50/2007 s. 57.

(1) A person who is found guilty of an indictable offence and who carried—

(a) a firearm (within the meaning of the Firearms Act 1996); or

(b) an imitation firearm (within the meaning of section 29(3)(b))—

when committing the offence is guilty of a further offence and is liable to level 6 imprisonment (5 years maximum).

(2) Despite anything to the contrary in the Sentencing Act 1991 or in any other law, a court, in imposing a penalty under subsection (1)—

(a) must direct that the sentence not be served concurrently with any other sentence; and

(b) must not make an order suspending the whole or any part of the sentence.

S. 31B inserted by No. 56/2005 s. 6.