The laws of Pennsylvania generally make it illegal for a minor to carry or possess a firearm. However, there are some limited circumstances where a minor is allowed to use or possess a weapon when supervised by a parent or guardian. Outside of these exceptions, a minor can be charged with gun charges for even having a weapon. This says nothing of committing another crime while using or possessing a gun.
If your child has been arrested on a gun charge, it is best to seek out legal counsel as soon as possible. Our Philadelphia gun charge lawyers could provide advice while also helping a young person navigate the juvenile justice system.
Minors Have Limited Gun Rights Under Pennsylvania Law
By default, minors do not have the right to own a firearm in under Pennsylvania law. However, the statutes do set out the circumstances where a minor cannot be charged with gun charges. These guidelines, found at 18 Pa. C.S.A. § 6110.1, list specific exceptions to the general rule:
- Minors may be allowed to use or discharge weapons if they are hunting, taking gun safety courses, target shooting, or participating in shooting competitions.
- Each of these circumstances requires an adult to be present. This adult should be a “parent, grandparent, legal guardian or an adult acting with the expressed consent of” these parties.
Despite these limitations, there are only certain circumstances where a parent or guardian might face criminal charges based on the use of a firearm by a juvenile. Many states have made it a crime to carelessly leave a weapon where a minor might find it. This statute does not exist in Pennsylvania.
The only situation where a parent might be charged involves intentionally giving a child a weapon. Only when the parent voluntarily offers a minor the weapon and then fails to supervise them can the prosecution bring criminal charges. There may also be civil liability for the parents in this scenario.
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How Long Can a Juvenile Get for a Gun Charge?
How much time a minor can get for a gun charge will depend on a few factors. Juveniles have their own system of justice, which is focused on rehabilitation instead of punishment. For that reason, the types of penalties handed down in adult court generally do not apply.
That does not mean juveniles are free from consequences, particularly where gun crimes are concerned. However, felony offenses that could land an adult in prison for years might not have nearly the same long-term impact for a child charged with the same thing.
Being Charged as an Adult
Most of the time, minors under the age of 18 will have their case heard in a juvenile court, like the Philadelphia Juvenile Justice Services Center (PJJSC). However, there are circumstances that could lead the judge to transfer that case to the adult criminal justice system. This is only possible under limited situations, and it is reserved for the most serious of offenses.
Transferring a juvenile case to adult court is known as granting a waiver, and there are different types of waivers available under the law. Some of these are up to the judge to decide, while others are automatically granted. Per the Office of Juvenile Justice and Delinquency Prevention (OJJDP), types of waivers include:
- Discretional Waivers. When a child aged 14 or older is charged with a felony, a juvenile judge has the power to transfer the case to adult court if they believe it is in the public interest to do so. Factors that a judge must consider include the minor’s willingness for rehabilitation and evidence that adult penalties are what is best for the public.
- Presumptive Waivers. There is a presumption that a juvenile should have their case waived to adult court when they are at least 14 and accused of using a deadly weapon in the commission of a felony. This can include gun charges.
- Statutory Waivers. Some charges will always lead to a juvenile being tried as an adult, like murder or certain crimes with a deadly weapon.
If convicted in these cases, a juvenile will be subject to the same sentencing guidelines as anyone else. This can include spending decades of their life behind bars.
How Does the Court Set a Gun Charge Penalty for a Juvenile?
The juvenile court system relies on a few different factors when determining the appropriate penalty in a gun case. These judges have broad discretion in setting punishment for juveniles who have been adjudicated delinquent. Because this system is focused on rehabilitation, the order handed down in one case could be very different from another with similar facts.
A judge will take into account:
- The needs of the child. This includes considering their age, home life, maturity level, and any special needs they might have.
- The nature and seriousness of the offense. Gun charges are a serious matter, especially when it relates to the commission of another crime.
- Any prior criminal history.
- The risks other people face. Whether or not a minor is detained at a juvenile detention center, and for how long, depends on if there is a risk of future harm.
How much time a minor can get for a gun charge therefore depends on the case’s circumstances. Our Philadelphia criminal defense lawyers can work hard to keep your child’s case in juvenile court and the penalties to a minimum.
Talk to Our Attorneys About Juveniles and Gun Charges
If a child in your life has been arrested for a gun crime, it is important to understand that they face serious legal jeopardy. Minors can be charged with gun charges, and in some cases, they might even be charged as an adult and be at risk for a lengthy prison term.
They have the right to legal counsel, and your choice of attorney is important. At the Law Offices of M.J. Snyder, LLC, our aggressive lawyers work tirelessly to help our clients get the best possible outcome in their cases. Contact us as soon as possible for a free consultation.
