Juvenile Weapon Possession Charges: A Guide for Parents and Teens

Weapon possession charges can have serious consequences for juveniles (minors under age 18). While the juvenile justice system aims to rehabilitate rather than punish youth offenders, a weapons charge still requires facing a judge in juvenile court and can result in penalties like probation, community service, counseling or even detention.

As a parent, it’s important to understand the laws around juvenile weapon possession and how these cases are handled. For teens, knowing the potential penalties and how to avoid trouble can prevent life-altering consequences. This article provides an overview of key issues related to juveniles and weapons.

Laws Restricting Juvenile Weapon Possession

Laws restricting weapons apply to both adults and juveniles. However, most states have additional laws limiting the types of weapons juveniles can legally possess compared to adults.

Federal Law

Under federal law, the minimum age to possess a handgun is 18. However, there is no minimum age to possess long guns like rifles under federal law. Some exceptions allow possession of handguns by juveniles for activities like target shooting on private property with parental supervision.

State Laws

Many states impose stricter rules than federal law. For example, some states prohibit possession of handguns or long guns by those under age 21. Others require parental consent for minors to possess air guns like BB guns.

State laws also commonly prohibit possessing weapons like switchblades, brass knuckles, or nunchucks regardless of age. And states usually restrict carrying weapons in public places like schools, parks, government buildings, etc.

School Weapon Policies

Most schools have “zero tolerance” policies prohibiting bringing weapons to school. These rules may impose automatic suspension or expulsion for weapon possession on school grounds, at school events, on buses, etc.

Penalties for Juvenile Weapon Possession

If a minor violates a weapons law, they can face charges in juvenile court. Some key penalties imposed by juvenile courts include:

• Probation – The juvenile must regularly meet with a probation officer who monitors their activities and compliance with court orders. Probation can last anywhere from a few months to a few years.
• Community service – The juvenile must complete a certain number of hours performing services that give back to the community, like working at a food bank.
• Counseling – The juvenile might have to participate in counseling or treatment programs related to anger management, behavior modification, substance abuse, etc.
• Detention – For more serious offenses, the juvenile may be held at a youth detention facility for a period of time such as several months.
• Fines – Monetary fines are not commonly used in juvenile court but are possible in some cases.
• Restitution – The juvenile may have to pay money to victims to compensate for damages related to their offense.

Judges have significant discretion in sentencing juveniles based on factors like the nature of the offense, the minor’s age, history, and likelihood of rehabilitation.

Trying Juveniles as Adults for Weapons Charges

In certain serious cases, prosecutors can file a motion asking the juvenile court judge to transfer the case to adult criminal court. If granted, the juvenile would face the same penalties as an adult for that offense.

Factors considered in transferring a juvenile to adult court often include:

• The seriousness of the alleged offense
• The minor’s past record of delinquency
• Public safety concerns
• The effectiveness of available juvenile programs

Trying juveniles as adults is more likely in cases involving violent gun crimes like shootings, armed robbery, etc. compared to simple illegal possession charges.

Avoiding Trouble: Tips for Parents and Teens

While youth often make mistakes in judgment, parents can help teens avoid the severe consequences of weapons charges. Some tips include:

For Parents:

• Know your state and local laws regarding juvenile weapon possession. Don’t assume federal rules apply.
• Discuss laws and expectations about weapons with your child. Stress avoiding situations involving weapons.
• Secure firearms safely at home and teach children safety rules if firearms are kept in the home.
• Get involved at your child’s school to advocate for fair discipline policies.

For Teens:

• Know the laws! Many teens arrested for weapons like pocket knives are unaware they are illegal.
• Avoid peers and situations where weapons may be present. Don’t give in to peer pressure.
• If you see a weapon at school, immediately tell a teacher or administrator.
• Never bring a weapon to school or post photos with weapons on social media.

Getting Legal Help

If your child is facing weapon possession charges, consult an attorney experienced in juvenile defense. An attorney can advise on possible defenses, negotiate with the prosecutor, and represent your child in court to seek the most favorable outcome. Each case has unique circumstances, so get legal guidance before your child appears in juvenile court.

While a weapons charge can be scary for families, legal help combined with community support can put many juveniles on the right track after facing consequences. The juvenile justice system aims to provide accountability and rehabilitation, while still giving youth a chance at a bright future.