Should a 7 year old be charged with a 5th degree felony for taking a gun to school?
343022
Yes, it is probably too harsh. On the other hand, it may be a way to get some type of intervention for the child and the family. Having a loaded gun in school is very dangerous, not just to the kid but to all the other kids. In order to get the gun at home the parents had to be very negligent. So, maybe the parents will get some assistance with this.\n\nThe bad part about this is if the kid is kicked out of school. He really needs the structure of school, so I hope he can get into some kind of school. He is clearly too young for "jail" and even for most juvenile correctional facilities.\n\nRight now the kid needs a very good attorney.
708780
i think he probably should, but as the law goes you cant be a convicted felon in posession of a firearm. someone that rich could afford a bodyguard so it shouldnt matter too much 4 him. and hes skinny as hell, but hes not small. hes around 6'3 so that isnt too bad.
98107
My friend got 5 years in prison for a hunting accident, it dosent matter if the guy dies or not.\n\nCARELESS, RECKLESS, OR NEGLIGENT USE OF FIREARMS (EXCERPT) \nAct 45 of 1952 \n\n\n752.861 Careless, reckless or negligent use of firearms; penalty. \n\nSec. 1.\n\nAny person who, because of carelessness, recklessness or negligence, but not wilfully or wantonly, shall cause or allow any firearm under his immediate control, to be discharged so as to kill or injure another person, shall be guilty of a misdemeanor, punishable by imprisonment in the state prison, Maximum Sentence: 5 years 0 months,  and or a fine of not more than $2,000.00,  in the discretion of the court.\n\n\nHistory: 1952, Act 45, Eff. Sept. 18, 1952 \n\n752.864 Firearms; injury to person or property, suspension of hunting privileges. \n\n\nSec. 4.\n\nIn addition to the penalties provided in other sections of this act, the court may suspend the hunting privileges of any person convicted of violating any provision of this act for a period of not to exceed 3 years from the date of conviction.\n\n\nHistory: Add. 1958, Act 15, Eff. Sept. 13, 1958 \n\nNow these are Michigan Laws Ive quoted here, couldnt find the Texas laws on this. \n\nOn top of that he was hunting without a license, in Michigan they keep your gun for that also.
809897
Federal Laws—Hard Time for Gun Crime\n\nUnder Project Safe Neighborhoods, U.S. prosecutors are ready to bring cases involving illegal gun use to federal court. This means that if anyone is caught with an illegal gun, they probably won't be entitled to bail—instead, they'll go straight to jail. And, if that's not bad enough, if they are convicted in federal court, they can spend up to 10 years in jail. There are no second chances under this program.\n\nSo it's smart to stay away from guns if you or anyone you know is in one of the categories described below. Save yourself, your friend, or your relatives from jail time.\n\nDo You Belong to One of These Groups?\n\nIf you fit in one of these categories, you are prohibited from possessing any kind of gun or ammunition:\n\nConvicted felons (convicted at state or federal level).\n    \nPeople under indictment for a crime punishable by imprisonment for more than 1 year.\n\nFugitives from justice (interstate flight to avoid prosecution or testimony).\n\nDrug users or addicts.\n\nAliens in the United States illegally or on temporary status.\n\nPeople with mental development problems or people committed to mental institutions.\n\nPeople who have formally given up their U.S. citizenship.\n\nPeople who have been dishonorably discharged from the armed services.\n\nPeople involved in committing domestic violence.\n     \nAnyone subject to a court order (protective order) forbidding that person from stalking, harassing, or threatening an intimate partner or that partner's child.\n\nAnyone convicted of a misdemeanor crime involving violence or a threat with a deadly weapon if the convicted person was the victim's current or former spouse, live-in boyfriend or girlfriend, parent, or guardian.\n\nIf you're caught with a gun you cannot legally possess, you can face harsh penalties in federal prison with no possibility of parole. And, if you have three or more prior violent felony or serious drug offense convictions, you face a minimum of 15 years in prison without parole.
1161270
§ 720 ILCS 5/12-1.  Assault \n\n\n   Sec. 12-1. Assault. (a) A person commits an assault when, without lawful authority, he engages in conduct which places another in reasonable apprehension of receiving a battery.\n\n(b) Sentence. Assault is a Class C misdemeanor.\n\n(c) In addition to any other sentence that may be imposed, a court shall order any person convicted of assault to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service.\n\n§ 720 ILCS 5/12-2.  Aggravated assault \n\n\n   Sec. 12-2. Aggravated assault. (a) A person commits an aggravated assault, when, in committing an assault, he:\n\n(1) Uses a deadly weapon or any device manufactured and designed to be substantially similar in appearance to a firearm, other than by discharging a firearm in the direction of another person, a peace officer, a person summoned or directed by a peace officer, a correctional officer or a fireman or in the direction of a vehicle occupied by another person, a peace officer, a person summoned or directed by a peace officer, a correctional officer or a fireman while the officer or fireman is engaged in the execution of any of his official duties, or to prevent the officer or fireman from performing his official duties, or in retaliation for the officer or fireman performing his official duties;\n\n(2) Is hooded, robed or masked in such manner as to conceal his identity or any device manufactured and designed to be substantially similar in appearance to a firearm;\n\n(3) Knows the individual assaulted to be a teacher or other person employed in any school and such teacher or other employee is upon the grounds of a school or grounds adjacent thereto, or is in any part of a building used for school purposes;\n\n(4) Knows the individual assaulted to be a supervisor, director, instructor or other person employed in any park district and such supervisor, director, instructor or other employee is upon the grounds of the park or grounds adjacent thereto, or is in any part of a building used for park purposes;\n\n(5) Knows the individual assaulted to be a caseworker, investigator, or other person employed by the State Department of Public Aid, a County Department of Public Aid, or the Department of Human Services (acting as successor to the Illinois Department of Public Aid under the Department of Human Services Act [20 ILCS 1305/1-1 et seq.]) and such caseworker, investigator, or other person is upon the grounds of a public aid office or grounds adjacent thereto, or is in any part of a building used for public aid purposes, or upon the grounds of a home of a public aid applicant, recipient or any other person being interviewed or investigated in the employees' discharge of his duties, or on grounds adjacent thereto, or is in any part of a building in which the applicant, recipient, or other such person resides or is located;\n\n(6) Knows the individual assaulted to be a peace officer, or a community policing volunteer, or a fireman while the officer or fireman is engaged in the execution of any of his official duties, or to prevent the officer, community policing volunteer, or fireman from performing his official duties, or in retaliation for the officer, community policing volunteer, or fireman performing his official duties, and the assault is committed other than by the discharge of a firearm in the direction of the officer or fireman or in the direction of a vehicle occupied by the officer or fireman;\n\n(7) Knows the individual assaulted to be an emergency medical technician -- ambulance, emergency medical technician -- intermediate, emergency medical technician -- paramedic, ambulance driv
7928
Depending on who you are, for what reason and all that. If you are just carrying it down the street it shouldn't be a felony. Read the Souces below and it explains who and when it would be a felony. Chapter 21, Part II, Article 42, section (i) explains what is a felony and a misdemeanor.
1022976
I expect your friend will get no jail time because he plead "innocent" and has not gotten to have a trial. But, if there is a punishment, he might be able to be sentenced under the youthful offenders program in your state if he is under 19 years old. He could be given probation, or a 5 yr (or any part of) suspended sentence, or be sent to a 6 week prison 'boot camp' program, or be given community service work. Jail time is doubtful, but he will probably be on a long probationary period. Please tell him I said, "Good Luck and Stay Out of Trouble !"
112406
5 YEARS PRISON TIME IF PROSUCUTED.
852987
That would be considered assault in my daughters school.\n\nCoach
639441
Would you trust a 3 year old with a loaded pistol?
118875
Yes, the student can actually be suspended because of possessiong a firearm on school premises.\n\nHis/her parents will probably be arrested for negligence, child endangerment, unlawful possession of a firearm and perhaps many other charges.  Children can also be removed from the home and placed in protective custody for other various reasons related to negligence.  It is very irresponsible for an adult parent/guardian to keep a firearm, whether loaded or unloaded, in an available location or plain sight of a child.  Too many children are being killed because of this.
833296
They won't even go to trial!  The local DA will review the case after the department or State Police conducts an investigation.  Everything I have read shows that SHE shot first.  Whether she was 92 or 18, she shot first and the police responded with the same level of force.  Justified shoot with no legal recourse.  Local DA will go with whatever decision the investigating PD recommends.  Lesson learned for Grandma.....Don't bring a rusty wheel gun to a semi-automatic weapon firefight.
882003
First what are you going to use it for?\nSecond, are you of legal age to use a gun\nlike this?\nThird, did you know that you have to register\ntranquilizer guns? If you don't and you get caught it's \na class 3 misdemeanor.\nI have several links to these types of guns, but \nI don't know if I should let you have it.
305947
It depends on a ton of stuff. Was a weapon used? Is it state or local court? If a weapon or something can be perceieved as a weapon you are looking at roughly 5 years. Also if the person was permanantly injured they can try you under something different... forgot what it was called.. but they can get you for up to 20 years for that, though they rarely do.. give me a few and I will remember what that was called, its an odd word.\n\n\n-I think it's called "Malice" you never see it used in court anyhow, the sentences are pretty high, 99% plea to something lesser.
461282
It would fall under verbal assault.  This isn't illegal (criminal), but it's civilly actionable.  I would suggest that if school isn't doing something about it, go to the local press.  Make a big stink.  Schools are really touchy about this kind of thing right now and would do anything to avoid a big public display of their failure to take proper care of children.
300353
I would hope that the other means of punishment were implemented rather Prison right away maybe a fine,community service, Deffered sentence ect. although I have to tell you that should this happen a third time you may be classed a "menace to society" and habitual offender this will definetely result in a prison sentence for a period up to 12 months if no weapon was used but if a weapon was used up to 5 years or more depending on the victims injuries. I hope you don't go to prison over this and can only say to try to get a job before attending court and also try to ensure you don't get arrested while on bail for these offences as that would see you recieving a longer sentence for sure.
457379
Check the standards for your local law enforcement agencies where you intend to apply.  The charge sounds like a reduced charge with plea of guilty.  Law enforcement agencies normally consider your actual conduct during the crime and not the court resolution since they are evaluating you on your character and fitness to be a police officer and carry a firearm.  If the charge was in the  last 7 to 10 years or involved dishonesty or perjury chances are you will not be hired.  A police officer is expected to spend much time testifying under oath, and obviously if they can show you lied under oath in the past, your ability to be a law enforcement officer is impeached.  Sorry but most other public jobs are available providing no felony or misuse of funds.