Juvenile Weapons Possession

Although it's often legal for adults to have guns and many other types of weapons, the law often bans juveniles from having firearms, with certain exceptions.

By | Updated by Kelly Martin, Attorney
Updated April 21, 2023
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All states limit the right to purchase, own, or possess weapons to some extent, though restrictions differ widely. States commonly make it a crime to possess specific types of weapons, to possess weapons in specified locations, or to use weapons in a prohibited manner. When juveniles illegally possesses weapons, they can be charged just like an adult would.

Juvenile Justice vs. Criminal Courts

Criminal statutes apply to both adults and juveniles. But when juveniles break the law, their cases are normally handled differently than those of an adult. Most of the time, juveniles are sent through the juvenile court system, where the aim is to counsel, support, and rehabilitate, rather than punish.

So, a state's weapons possessions laws apply to both adults and juveniles, but when a juvenile commits an offense it's usually dealt with through the juvenile justice system and not the adult criminal courts. Adults who commit a weapons possession crime faces penalties such as incarceration, probation, or fines. But juvenile courts can impose a much broader range of penalties and therapeutic programs in an attempt to rehabilitate a juvenile.

What Weapons Are Minors Not Allowed to Possess?

State laws make a wide variety of weapons illegal for anyone to possess, though individual state bans differ significantly. Though the possession of firearms is a constitutionally-protected right, states typically make it a crime to possess explosives, exploding ammunition, automatic or "switchblade" knives, gas guns, or similar devices.

Also, certain types of firearms are restricted for everyone. For instance, federal law bans certain types of guns, like machine guns. And some state laws restrict or ban other types of firearms, including automatic weapons and suppressors.

Can a Minor Have a Gun?

Although there's a constitutional right to have a firearm, states are allowed to limit that right when it comes to kids. Many states prohibit juveniles from possessing weapons that an adult is otherwise allowed to possess. For example, some states ban anyone under 18 from owning or possessing a firearm.

A state might also prohibit younger juveniles from owning or possessing other types of weapons. Some states make it illegal for any juvenile under the age of 16 to own or use a BB gun, air rifle, electronic stun device, or other weapon, but allow minors between the ages of 16 and 18 to have them.

Exceptions to Laws Banning Minors From Having Guns

Juvenile weapons laws often allow a juvenile to possess weapons in some situations. These laws provide that juveniles can possess a firearm for hunting or marksmanship training, so long as they're under parental (or legal guardian) supervision. These exceptions often apply to situations where an adult who is supervising the child has permission from the child's parent or guardian to hunt with or train the child in marksmanship.

What Constitutes Being a Minor in Possession of a Firearm?

Possession means both physically carrying a weapon on you or having a weapon in an area that is under your control.

For example, a student who brings a gun to school and carries it in his pocket is in possession of a weapon. And if that same student brings the gun to school and then stores it in his locker, that's also considered possession even if the student is away from the locker.

Potential Penalties for a Juvenile Gun Charge

Juvenile courts have wide discretion in determining the appropriate sentence for a juvenile offender. If a judge finds that there's enough evidence to show the juvenile committed an offense, it will find the charge true (similar to a guilty finding in adult court). The judge will then impose a sentence aimed primarily at rehabilitating the juvenile. Here are some possible actions a court might take, and in any given case, there might be more than one.

  • Warning. In some cases, a court may determine that a strict warning from the court is enough, and might let the juvenile go without a penalty. The court might choose such a course when, for example, a teen has no prior history, shows remorse, and expresses sincere desire to not violate any other laws.
  • Counseling. The court might order the juvenile to attend counseling, and can also order that the parents attend as well.
  • Community service. Courts may order a juvenile to perform community service as punishment for a weapons possession offense. Community service sentences require the juvenile to perform a number of hours as a volunteer at a local charity or other approved organization.
  • Diversion. First-time juvenile offenders are often given the chance to avoid prosecution by entering a diversion program. These programs require the juvenile to spend a specific amount of time, typically six months or so, participating in community service programs, after-school programs, or other programs designed to rehabilitate the child. In exchange, the prosecutor agrees to drop any charges against the child. So, diversion allows the juvenile to be rehabilitated without a formal juvenile delinquency adjudication.
  • Probation. A court can order probation for a juvenile who has committed a weapons offense. Probation is similar to diversion, but it's imposed by the court after the court sustains the juvenile delinquency charge. Probation usually lasts at least six months and requires the child to obey specific court orders, such as staying out of trouble, staying in school, maintaining a specific grade point average, or maintaining employment.
  • Detention. Sometimes, the judge finds that there's not enough structure and discipline at home to keep the juvenile from engaging in criminal activity. In those cases, the court can order the juvenile into a group home, juvenile detention center, weekend detention program, summer "boot camp" program, or another form of detention. Detention sentences are not common, and are usually used only in serious situations, such as when violence was involved or where the court determines the juvenile poses a threat to others.
  • Adult charges. In some situations, a juvenile can be charged as an adult for a weapons violation charge. The juvenile court can refer a juvenile case to an adult criminal court, but this typically happens only when the crime is really serious.

Selected State Gun and Weapon Laws

Choose your state from the list below to find information about your states laws regarding guns.

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