HB 431 -- Unlawful Use of Firearms

Sponsor:  Hagan-Harrell

This bill makes a number of changes related to the use of
firearms.  The bill:

(1)  Raises the penalty for possessing or discharging a firearm
or projectile weapon while intoxicated from a class B
misdemeanor to a class D felony.  Intoxication is defined as
having .08% or more of weight of alcohol in a person's blood;

(2)  Requires a law enforcement officer to administer a chemical
test when probable cause exists to believe that the person
possessed or discharged a firearm while intoxicated.  Refusal to
take the test is a class D felony;

(3)  Makes it a class D felony for a person to store a firearm
on the person's premises if the person knows or should have
known that a child would gain access to the firearm, the child
gains access to the firearm, and any person is injured.  It is
not a crime if the firearm is stored in a locked container or if
the firearm is unloaded and the ammunition is stored separately;
and

(4)  Makes it a class B misdemeanor for any person responding to
an incident where a firearm was discharged and a law enforcement
officer was not present to fail to notify the appropriate law
enforcement agency as soon as possible.