The law divides firearm offenses into two categories. Those in which the use of the firearm is a part of the crime and those in which its use is an addition to the crime. An example of an offense for which a firearm is an essential element would be the offense of carrying a concealed firearm. You cannot commit this offense unless a firearm is involved. A second type of offense, the type in which a firearm is not an essential element of the crime, would be the example of robbery with a firearm. You can commit a robbery with a knife, a club, or without any weapon at all.

The importance of the distinction between the two types of crimes is whether there would be a mandatory prison sentence if convicted. The law increases the severity of the possible sentences related to the offense and, in many cases, imposes a mandatory prison sentence if a gun is used in the commission of a felony crime for which it is not an essential element of the crime. No good or gain time is allowed by the Department of Corrections, until the minimum mandatory sentence is served.

Therefore, any time a person is charged with a crime involving the use of a handgun or other firearm, it is important to find out if there is any mandatory prison sentence and if so, the amount of mandatory prison sentence involved with the crime.  It is sometimes possible for an attorney to have the offense lowered so as to avoid the possibility of mandatory prison time.  And there may be an opportunity to keep the firearm out of use in court and thus reduce or eliminate a possible penalty.