Which of the following is NOT an element of the offense 'use/display of a firearm in the commission of a felony'?

• A. The firearm is a pistol.
• B. Use, attempt to use, or display in a threatening manner.
• C. While committing or attempting to commit a felony.
• D. The firearm examples include pistol, shotgun, or rifle.

Answer: (A)

The key idea is that this offense hinges on using or displaying a firearm in the course of committing or attempting to commit a felony, in a threatening manner, with the weapon being any firearm. The list that includes pistol, shotgun, or rifle is meant to show types of firearms that can trigger the offense, not to restrict it to one specific kind. So saying the firearm must be a pistol is not required and would wrongly limit the statute to one weapon type. If someone uses a rifle or a shotgun, they are still covered under the offense. The other elements—the act of using, attempting to use, or displaying in a threatening manner, and the timing of charging as the felony is being committed or attempted—are the actual elements that must be proven.