Gun found in locker of girl, 12, faces felony

[ChasingBlueSky 0]

Gun found in locker of girl, 12
Aurora 6th grader faces felony charges

By Amy Fischer Roth
Special to the Chicago Tribune
Published March 10, 2005

A 12-year-old Aurora girl was charged with three felonies Wednesday after a handgun and loaded clip were found in her locker in Still Middle School, police said.

The 6th grader is charged with aggravated unlawful use of a weapon, unlawful use of a weapon and unlawful possession of a weapon. She also was charged with not having a firearm owner's identification card, a misdemeanor.

The girl was to be transferred to the DuPage County Juvenile Justice Center in Wheaton Wednesday evening and will appear for a detention hearing Thursday afternoon, police said.

Investigators said the pupil "apparently found the gun in some bushes near a bus stop in the area of Frontenac Road and Ravinia Circle before school" on Wednesday. The middle school is in the 700 block of Meadowridge Drive on Aurora's far east side in DuPage County.

The girl is alleged to have taken the gun to school and showed it to several pupils. Aurora police spokesman Dan Ferrelli said a preliminary investigation indicates the girl "apparently made no threats to anyone and did not appear to be a harm to herself.

"We get very few reports of firearms at any of the schools in Aurora," Ferrelli said. "This case in particular seems to be an isolated case." He would not give specifics about why a girl of her age was charged with three felonies.

"I'm not going there," Ferrelli said. "We conferred with the DuPage state's attorney and charged the student according to the specifics of the case and Illinois statutes."

A pupil who had heard about the weapon, a 32-caliber handgun, alerted a teacher at about 11:30 a.m. The teacher then spoke with administrators and the police resource officer at the school.

Authorities said they found the gun and a loaded clip that was detached from the weapon in the pupil's purse inside her locker. Principal Jay Strang said the student indicated she hadn't intended to hurt anyone.

A 7th grader who was in gym class when the gun was found said the teacher sent pupils to the locker rooms.

"We had a lockdown," she said. "We had to stay there until about 12:20 while the school was being searched."

After the all-clear was given, pupils were instructed to go to their 7th-period classes. Strang came to the girl's classroom, she said, and explained what had happened and said no one had been hurt.

"Everybody felt unsafe and kind of scared because someone brought a gun to school, so we were kind of freaked out," the pupil said. "We all thought it would be an 8th grader, but it turned out to be a 6th grader, so we were surprised."

She said she had never been frightened before in class because "it's always been a safe little school."

Ferrelli said authorities reacted swiftly to keep it that way.

"It's obviously very serious and had there been different circumstances, it could have been tragic. It's very dangerous and that's one thing the Police Department tries to educate the community in--that it's incredibly important to teach youngsters if they come across a firearm or what they think is a firearm, not to touch it but to tell a trusted adult so that adult can alert the authorities.

"We need to underscore the fact that whoever told the teacher about the gun did absolutely the right thing," he said.

_________________________________________
you can burn the land and boil the sea, but you can't take the sky from me....
I WILL fly again.....

[Kennedy 0]

Quote

The 6th grader is charged with aggravated unlawful use of a weapon, unlawful use of a weapon and unlawful possession of a weapon. She also was charged with not having a firearm owner's identification card, a misdemeanor.

OK, here's what I don't get. I understand suspending the kid, and disciplining her at the school level.

I can almost understand the FOID charge and the unlawful possession charge.

But where the hell do unlawful use and aggrivated unlawful use come from? What use was there? And what spurred the "aggrivated" charge?

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
1*

[mr2mk1g 10]

What in the hell constitutes "USE"?

Although it's a general principal to charge up and then reduce later if necessary... why the leap of faith that she "used" the weapon?

[sfzombie13 310]

sounds like a brandishing charge to me, but i'm not a lawyer. this is crazy, it could have turned out so much worse. say someone steals it and shoots some people. i can see the seriousness in the thing, but .....

_________________________________________
Si hoc legere scis nimium eruditionis habes

[freeflycracker 0]

In St. Louis(county for sure) the possession of a weapon constitutes "use". I was pulled over while moving,20 boxes of dishes, clothes,etc.in the back of the truck. I had a steel metal locked box with a bunch of knives throwing stars and such that had been collected from when I was a kid. I was charged with unlawful use of a weapon. The case was later thrown out. But, for the next 5 years or so, if I was pulled over it showed up when they ran my name and got "felony stopped"(hands out of the vehicle, walk backward towards the sound of my voice yada yada. IMO its BS that gets the patrolman to detective quicker.

[12500ft 2]

Interesting point of information:

According to the Safe Schools Act of 1994, a student who brings a weapon to school as defined by the U.S. Weapons Code (which specifically lists any fire arm) MUST be immediately expelled for a period of not less than one year.

[Kennedy 0]

Just because I don't feel like searching, do you have the nubmers for where it appears in the USC?

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
1*

[Lindsey 0]

I'm wondering how people would feel if this were a black male teenager who found the weapon and put it in his locker. Would people be so outraged?

I do think it's sad that this is where our society is. Children aren't always going to make the most sound decisions, and it's a shame that a person's life can be so horribly affected by one bad choice when she's 12. I'm sure a lot of the same people who want to string children up by their toenails when they misbehave are the same people who would punish a mother for choosing not to carry a pregnancy to term....

Peace~
linz

--
A conservative is just a liberal who's been mugged. A liberal is just a conservative who's been to jail

[kallend 1,679]

Quote

I'm sure a lot of the same people who want to string children up by their toenails when they misbehave are the same people who would punish a mother for choosing not to carry a pregnancy to term....

Peace~
linz

You don't say!

...

The only sure way to survive a canopy collision is not to have one.

[Kennedy 0]

Quote

I'm wondering how people would feel if this were a black male teenager who found the weapon and put it in his locker. Would people be so outraged?

Well, a male teenager is more likely to commit crimes (and stupid acts) than a 12 year old girl, so I'd expect charges there, but regardless I'd still be wondering where the "use" and "aggrivated use" charges come from.

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
1*

[Kennedy 0]

Quote

Quote

I'm sure a lot of the same people who want to string children up by their toenails when they misbehave are the same people who would punish a mother for choosing not to carry a pregnancy to term....

You don't say!

I don't see what strict views on discipline and responsibility have to do with position in the choice/life debate. Enlighten me.

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
1*

[ahegeman 0]

Quote

I'm sure a lot of the same people who want to string children up by their toenails when they misbehave are the same people who would punish a mother for choosing not to carry a pregnancy to term....

Peace~
linz

Wow. That was random. Care to help me through that logical leap? I think I've got whiplash.

---------------------------------------------------------------
There is a fine line between 'hobby' and 'mental illness'.
--Dave Barry

[12500ft 2]

Sorry this took so long, my computer at home was not working well last night. The part of the US Code you find the Gun-Free Schools Act of 1994 is:

TITLE 20 > CHAPTER 70 > SUBCHAPTER IV > Part A > subpart 3 > § 7151


I don't know how to make a clicky, but here is a link to the appropriate section of the US Code.

http://assembler.law.cornell.edu/uscode/search/display.html?terms=Gun%20Free%20Schools&url=/uscode/html/uscode20/usc_sec_20_00007151----000-.html

[tigra 0]

It is very serious. If she had found the gun and turned it in to a teacher, and still got charged, that would be wrong. This kid brought the (loaded?) gun to school, did NOT turn it in but instead showed it off to her friends. Why shouldn't she face criminal charges for that? She endangered her classmates and teachers!

I do think the authorities should take into consideration her age and the fact that she hasn't been in trouble before and sentence her to probation and community service instead of jail or juvenile hall. Her future doesn't have to be destroyed by this, but she did commit a crime and she was old enough to know what she was doing was wrong.

[Kennedy 0]

http://assembler.law.cornell.edu/uscode/search/display.html?terms=Gun%20Free%20Schools&url=/uscode/html/uscode20/usc_sec_20_00007151----000-.html

Your Cornell.edu US Code Link

You can hit the "quote" button and see what I've typed, or use the "Get Markup Help" link (as seen below)

Get Markup Help
http://www.dropzone.com/cgi-bin/forum/gforum.cgi?do=markup_help;

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
1*

[SkyDekker 1,153]

Quote

It is very serious. If she had found the gun and turned it in to a teacher, and still got charged, that would be wrong. This kid brought the (loaded?) gun to school, did NOT turn it in but instead showed it off to her friends. Why shouldn't she face criminal charges for that? She endangered her classmates and teachers!

Why, people kill people, not guns kill people. With that in mind, what could possibly be wrong with a high school teenager having a gun in her locker.

[Kennedy 0]

Quote

Why, people kill people, not guns kill people. With that in mind, what could possibly be wrong with a high school teenager having a gun in her locker.

It's still a strawman, even if you set it up for some one else.

I don't know anyone advocating students be allowed to carry handguns in school. (rifles and shotguns under supervision only, not in lockers)

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
1*

[tigra 0]

I'm hoping there was a little sarcasm in your post.

[SkyDekker 1,153]

Quote

I don't know anyone advocating students be allowed to carry handguns in school. (rifles and shotguns under supervision only, not in lockers)

Why not, if they are entrusted with it on a range, or have been taught by their parents how to handle weapens. What is so different for a teenager to have one in his/her locker compared to playing with one at home?

Either teenagers are competent enough to handle weapons, or they shouldn't handle them at all.

Yes tigra.

[Lindsey 0]

Quote

Quote

I'm sure a lot of the same people who want to string children up by their toenails when they misbehave are the same people who would punish a mother for choosing not to carry a pregnancy to term....

Peace~
linz

Wow. That was random. Care to help me through that logical leap? I think I've got whiplash.

Heh....yeah, sometimes I think random thoughts. If my filtering mechanism isn't turned on, then I might even post those random thoughts....lol

Peace~
linz

--
A conservative is just a liberal who's been mugged. A liberal is just a conservative who's been to jail

[craddock 0]

WTF? ????

Nobody adult or not should have a gun in a School Locker . Were not talking about a gun safe here, but a locker that people sneak into all the time.

That spot isn't bad at all, the winds were strong and that was the issue! It was just on the downwind side.

[Kennedy 0]

So should I yella t you to "Fly like an eagle, Johnny!" Mr. Devil's Advocate?

OK, to answer...

Quote

Why not, if they are entrusted with it on a range, or have been taught by their parents how to handle weapens. What is so different for a teenager to have one in his/her locker compared to playing with one at home?

Right, like you don't see the difference between being supervised at a range or home and walking around a school building. Uh huh.

Quote

Either teenagers are competent enough to handle weapons, or they shouldn't handle them at all.

And you see no difference between handling and being allowed to carry everywhere unsupervised? Come on.

You're really making me look moderate, and I appreciate it, but lay off the ridiculous strawmen. Even adults will CCW permits are not allowed to go anywhere they please. Inside schools is off limits just about everywhere.

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
1*

[JohnMitchell 14]

Quote

You're really making me look moderate, and I appreciate it, but lay off the ridiculous strawmen. Even adults will CCW permits are not allowed to go anywhere they please. Inside schools is off limits just about everywhere.

Somehow those little signs on the doors of my childrens' schools that prohibit firearms don't make me feel any safer.

Around our home there are several hiking trails in a semi-rural enviroment. As a CPL holder, I allowed to carry as defense against 2 and 4 legged predators (including cougars, which have been sighted and are on the increase around here.) However, my 16 year old daughter enjoys hiking , too, and often goes by herself. It's illegal for her to possess a handgun, but, if you look at the stats for violent crimes against women, she is much more likely to need one. And yes, she does know how to use a handgun.

[Kennedy 0]

I've never been a fan of victim disarmament zones, either. The anti-gun arguments get older and more tired everytime I refute them. So he's taken to exagerating my own claims into absurdity. Hence the strawman comments.

Honestly, you have to consider just how bad carrying illegally on the trails would be (a lot of parks were off limits to me in Alabama). The only way anyone would've known if I was carrying was if I needed it for self defense. In that case, another old saying comes to mind:

"I'd rather be tried by twelve than carried out by six."

You have to balance it all out for yourself.

Quote

Somehow those little signs on the doors of my childrens' schools that prohibit firearms don't make me feel any safer.

Yeah, because people intent on gun crimes are really going to worry about signs that say "you can't carry here."

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
1*