All states have limits on the rights to purchase, own, or possess weapons to some extent. However, the restrictions on this differ widely. In some states, it is illegal to possess weapons in specified locations, or to use weapons in a certain manner. Throughout the United States, there are strict laws regarding youth and weapons. Those who use or illegally possess weapons can normally be charged just as an adult would be.
When a juvenile is caught possessing or using a weapon, the courts tend to take that juvenile through the juvenile court system, rather than the adult court system. Adults convicted of weapons crimes typically face prison, fines, and probation, but in the juvenile courts penalties are structured to correct and encourage the child towards better behavior, rather than simply penalizing him or her. The courts often want to rehabilitate a juvenile offender, offering counseling and guidance to a teenager or child that has been using weapons recklessly and dangerously.
Many states prohibit juveniles from possessing weapons that adults are allowed to possess. For example, in some states it is illegal for anyone under the age of 18 to possess a firearm. This is because the state laws suppose that children are not mature enough to handle a powerful weapon. Some states allow teenagers to own and operate certain weapons, but will restrict children under the age of 16 or 13 from owning particular devices. For example, some states outlaw BB guns, stung guns, or air soft rifles for younger children.
In most cases, a juvenile who is under the supervision of a parent or guardian can possess a firearm for marksmanship or hunting purposes. Therefore, if your child is arrested for owning a firearm and he or she can prove that the gun was being used for marksmanship or hunting, the case should be dismissed. Also, in some situations children who can evidence that their parent allowed them to possess or use the gun for a safe recreational activity can avoid penalties.
There are some states that make it illegal for anyone to possess certain weapons. Possession of firearms is a constitutionally protected right, but some states say that it is illegal to have ammunition, switchblade knives, gas guns, or other destructive devices without an appropriate license. In states where carrying this weapons is a criminal offense, both children and adults can be penalized for possession.
Possession is the act of physically carrying a weapon or having a weapon in the area that is under your control. This means that a student who has a gun in the waistband of his pants is in possession of the weapon, as well as a teenager who has a gun hidden under his pillow. If a student hides a gun in his locker or desk, this is also considered illegal possession. Oftentimes there are very strict laws about weapons on school property.
Juveniles who are charged with a weapon crime may be penalized a variety of ways. For one, the child may be given a harsh warning without penalty. This is normally reserved for younger children who are truly repentant for their actions, or maybe did not know that it was illegal to carry a gun. Juveniles are also commonly sentenced to perform community service, or may enter a pre-prosecution diversion program which will allow the child to serve his or her sentence without going through the actual trial. As well, some teens may be put on probation for up to six months.
Offenders that are a high risk may be put in a detention program at a facility for troubled children. In some situations, specifically serious ones involving older children (such as 16 and 17 year olds) a juvenile can be charged as an adult. If your child has been charged with a weapons crime, don't hesitate to call a local firm today for more information. With the right lawyer there to help you, you may be able to avoid serious penalties!
