(1)(a) Any person who uses a firearm, a knife, brass or iron knuckles, or any other deadly weapon to commit any felony which may be prosecuted in a court of this state commits the offense of use of a deadly weapon to commit a felony. (b) Use of a deadly weapon, other than a firearm, to commit a felony is a Class II felony. (c) Use of a deadly weapon, which is a firearm, to commit a felony is a Class IC felony. (2)(a) Any person who possesses a firearm, a knife, brass or iron knuckles, or a destructive device during the commission of any felony which may be prosecuted in a court of this state commits the offense of possession of a deadly weapon during the commission of a felony. (b) Possession of a deadly weapon, other than a firearm, during the commission of a felony is a Class III felony. (c) Possession of a deadly weapon, which is a firearm, during the commission of a felony is a Class II felony. (3)(a) Any person who carries a firearm or a destructive device during the commission of a dangerous misdemeanor commits the offense of carrying a firearm or destructive device during the commission of a dangerous misdemeanor. (b) A violation of this subsection is a: (i) Class I misdemeanor for a first or second offense; and (ii) A Class IV felony for any third or subsequent offense. (4) A violation of this section shall be treated as a separate and distinct offense from the underlying crimes being committed, and a sentence imposed under this section shall be consecutive to any other sentence imposed. (5) Possession of a deadly weapon may be proved through evidence demonstrating either actual or constructive possession of a firearm, a knife, brass or iron knuckles, or a destructive device during, immediately prior to, or immediately after the commission of a felony. (6) For purposes of this section: (a) Dangerous misdemeanor means a misdemeanor violation of any of the following offenses: (i) Knowing violation of any protection order issued under the Protection Orders Act; (ii) Domestic assault under section 28-323; (iii) Assault of an unborn child in the third degree under section 28-399; (iv) Theft by shoplifting under section 28-511.01; (v) Unauthorized use of a propelled vehicle under section 28-516; (vi) Criminal mischief under section 28-519 if such violation arises from an incident involving the commission of a misdemeanor crime of domestic violence; (vii) Resisting arrest under section 28-904; (viii) Operating a motor vehicle or vessel to avoid arrest under section 28-905; (ix) Obstructing a peace officer under section 28-906; or (x) Any attempt under section 28-201 to commit an offense described in subdivisions (6)(a)(i) through (ix) of this section; (b) Destructive device has the same meaning as in section 28-1213; (c) Misdemeanor crime of domestic violence has the same meaning as in section 28-1206; and (d) Use of a deadly weapon includes the discharge, employment, or visible display of any part of a firearm, a knife, brass or iron knuckles, any other deadly weapon, or a destructive device during, immediately prior to, or immediately after the commission of a felony or communication to another indicating the presence of a firearm, a knife, brass or iron knuckles, any other deadly weapon, or a destructive device during, immediately prior to, or immediately after the commission of a felony, regardless of whether such firearm, knife, brass or iron knuckles, deadly weapon, or destructive device was discharged, actively employed, or displayed.
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