> For the complete documentation index, see [llms.txt](https://dubs-docs.gitbook.io/tbd-rp-department-of-justice-legal-code/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://dubs-docs.gitbook.io/tbd-rp-department-of-justice-legal-code/unified-code-of-laws/title-6-penal-code/7-firearm-and-weapon-related-crimes/7-11-use-of-a-firearm-in-commission-of-a-crime.md).

# \[7] 11 - Use of a Firearm in Commission of a Crime

**Offense Classification:** **Felony (Enhancement)**

***

#### **Definition:**

This offense applies when a firearm is **used or brandished during the commission of any criminal offense**, whether or not the weapon was discharged. This charge is used to enhance penalties for the underlying crime.

***

#### **Examples of Applicable Underlying Crimes:**

* Robbery, burglary, assault, kidnapping
* Drug trafficking, carjacking, gang-related violence

***

#### **Elements of the Crime:**

* A **firearm was actively used or displayed** during the commission of a separate crime.
* The suspect **intended to use the weapon as a threat, deterrent, or for violence**.
* The use of the weapon was **not justified by self-defense laws**.

***

#### **Penalties:**

* **Enhancement Penalty:**
  * Adds **2 to 10 years** to sentence for underlying crime
  * **Fine:** Up to $25,000
  * May trigger **mandatory minimum sentencing** if paired with certain felonies

***

#### **Related Charges:**

* **\[3] 12 - Assault with a Deadly Weapon**
* **\[7] 5 - Brandishing a Weapon**
* **\[7] 12 - Armed Criminal Action**


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