Teen Nabbed After Gun Photos Online

[PinnedAndRecessed]

A 16-year-old boy was arrested Wednesday after postings on the popular Web site MySpace.com allegedly showed him holding handguns, authorities said.

The teen was being held at a juvenile detention center facing three misdemeanor charges of juvenile possession of a handgun, said district attorney spokeswoman Pam Russell. He is due in court Feb. 27.

Police searched the boy's home after receiving a tip from Evergreen High School on Feb. 10, the same day he was suspended, officials said.

School spokesman Rick Kaufman said parents were calling with concerns and some kept their children home after photographs posted on the boy's profile on MySpace.com, a social networking Web site, began circulating through the community.

One photo allegedly showed him lying on a floor surrounded by nine rifles with the caption, "Angel o' death on wings o' lead."

"The photos were very disturbing, and while the content was not a direct threat, we just felt it was important for us to take appropriate disciplinary action," Kaufman said, adding the student could be expelled.

Evergreen High School is in the same district as Columbine High School, where two teenage gunmen killed 12 students and a teacher before committing suicide in 1999. One of the gunmen had posted a threat on the Internet before the shootings.

MySpace has been under attack lately because many teens are posting personal information that would make it easy for sexual predators to find and prey upon them.

In writing about that on CBSNews.com earlier this month, CBSNews.com Technology Consultant Larry Magid said "Be very careful about photographs you put on your blog" and "Avoid postings that could embarrass you, your friends or family members now or later."

MySpace.com has been banned from schools in Florida's eighth largest district, Polk County, reports CBS News correspondent Susan McGinnis. Officials barred the site after parents complained it could lure sexual predators, and that some teens go too far by posting revealing photos and discussing sexual activities or drug use.

http://www.cbsnews.com/stories/2006/02/23/tech/main1340282.shtml

 

[waterhouse]

This is in Colorado, correct? What are the laws concerning possession of a handgun in Colorado? Was he carrying these guns or is this all based on a picture that was taken in the comfort of his own home?

I'm trying to figure out what exactly he was arrested for (Is being in a picture with your dad's guns "possession"? Is it illegal for a minor to own a gun, or just to buy one? How was a search warrant obtained?)

 

[PinnedAndRecessed]

If I understand correctly, one must be 21 to possess a handgun, 18 to possess a rifle.

Clearly, the definition of "possession" is key, here. Should prove to be an interesting case. Particularly the civil lawsuit brought on behalf of the teenager against the arresting authorities (which is bound to follow).

 

[thorazine]

If I understand correctly, one must be 21 to possess a handgun, 18 to possess a rifle.

Nope! State Law Varies!

That varies from state to state. For example an eighteen year old can lawfully possess a handgun in the state of Florida. Another example - an eighteen year old can lawfully possess a handgun and also carry it concealed in the state of Vermont.

21/18 rule applies nationwide to purchases being made at an FFL.

 

[psyopspec]

Aside from purchases, in many states there's such a thing as "supervised possession." In ND for example, those pictures would have broken no laws if there was a person of majority in the room. The minor could have been any age.

 

[PinnedAndRecessed]

Nope! State Law Varies!

That varies from state to state. For example an eighteen year old can lawfully possess a handgun in the state of Florida. Another example - an eighteen year old can lawfully possess a handgun and also carry it concealed in the state of Vermont.

21/18 rule applies nationwide to purchases being made at an FFL.

I was talking about Colorado state law, as I was told. I was told that in the state of Colorado the 21/18 law applies. I was further told that the law was passed after Columbine.

 

[TF_FH]

Colorado State Law

18-12-108.5. Possession of handguns by
juveniles - prohibited - exceptions - penalty.
(1)(a) Except as provided in this section, it is
unlawful for any person who has not attained the
age of eighteen years knowingly to have any
handgun in such person's possession.
(b) Any person possessing any handgun in
violation of paragraph (a) of this subsection (1)
commits the offense of illegal possession of a
handgun by a juvenile.
(c)(I) Illegal possession of a handgun by a
juvenile is a class 2 misdemeanor.
(II) For any second or subsequent offense,
illegal possession of a handgun by a juvenile is
a class 5 felony.
(d) Any person under the age of eighteen
years who is taken into custody by a law enforcement
officer for an offense pursuant to this
section shall be taken into temporary custody in
the manner described in section 19-2-508,
C.R.S.
(2) This section shall not apply to:
(a) Any person under the age of eighteen
years who is:
(I) In attendance at a hunter's safety course or
a firearms safety course; or
(II) Engaging in practice in the use of a firearm
or target shooting at an established range
authorized by the governing body of the jurisdiction
in which such range is located or any other
area where the discharge of a firearm is not prohibited;
or
(III) Engaging in an organized competition involving
the use of a firearm or participating in or
practicing for a performance by an organized
group under 501 (c) (3) as determined by the
federal internal revenue service which uses firearms
as a part of such performance; or
(IV) Hunting or trapping pursuant to a valid license
issued to such person pursuant to article
4 of title 33, C.R.S.; or
(V) Traveling with any handgun in such person's
possession being unloaded to or from any
activity described in subparagraph (I), (II), (III),
or (IV) of this paragraph (a);
(b) Any person under the age of eighteen
years who is on real property under the control
of such person's parent, legal guardian, or
grandparent and who has the permission of
such person's parent or legal guardian to
possess a handgun;
(c) Any person under the age of eighteen
years who is at such person's residence and
who, with the permission of such person's parent
or legal guardian, possesses a handgun for the
purpose of exercising the rights contained in
section 18-1-704 or section 18-1-704.5.
(3) For the purposes of subsection (2) of this
section, a handgun is "loaded" if:
(a) There is a cartridge in the chamber of the
handgun; or
(b) There is a cartridge in the cylinder of the
handgun, if the handgun is a revolver; or
(c) The handgun, and the ammunition for
such handgun, is carried on the person of a
person under the age of eighteen years or is in
such close proximity to such person that such
person could readily gain access to the handgun
and the ammunition and load the handgun.

As long as he was at home or a friends and had permission from his parents and/or friends parents, I don't see a problem. Also seems to me that schools should be worried about education, not Myspace accounts.

 

[antsi]

Aside from purchases, in many states there's such a thing as "supervised possession." In ND for example, those pictures would have broken no laws if there was a person of majority in the room. The minor could have been any age.

I agree with that law. If I want to take my 10 year old shooting, that shouldn't be anybody's business but mine.

I don't think I'd let my 16 year old post pictures of himself with guns on the internet though. Not that it should necessarily be illegal - lots of things are stupid and tasteless without being illegal.

 

[Bigreno]

"The photos were very disturbing, and while the content was not a direct threat, we just felt it was important for us to take appropriate disciplinary action," Kaufman said, adding the student could be expelled.

Am I the only person that finds this an extremely disturbing precident to set? How can you punish him for something that is not considered a direct threat to safety.

"Well, you didn't really do anything wrong, but we don't like it so we will punish you for it anyway."

 

[the 22 junkie]

Any pics of the guns? I want to ID them!

 

[Lobotomy Boy]

When I was a kid I bought all the guns and ammo I wanted in Minnesota. I grew up in a small town, and even though there may have been some sort of law regarding minor purchases of firearms at the time my parents gave me permission to do this and the folks running the local Hardware Hank knew that they approved. Outside of riding motorcycle, hunting and target shooting were the only activities available to us, so it was essential that we were able to buy ammo.

I know the world is now a very different place, but my heart goes out to kids today having to deal with the suffocating tyranny of this mongoloid nanny state we've allowed to develop.

 

[Scottmkiv]

Sounds like a lawsuit waiting to happen to me. They punished him for something not against the rules just because they didn't like it?

 

[chickenfried]

Sounds like a nice place

Outside of riding motorcycle, hunting and target shooting were the only activities available to us, so it was essential that we were able to buy ammo.

 

[Lobotomy Boy]

It was and is. I'm heading up there in a few hours to go do some ice fishing with my son. It's still a place you can go set up some tin cans on fence posts and target shoot all day long without bothering anyone.

 

[#shooter]

Essentially...

Trekkie posted the law and it seems the photo is a photo of illegal activity if he did not have permission from a parent or guardian. I think it is justified to investigate the incident. I think he also made threating statements, but not to anyone specific.

 

[azredhawk44]

One photo allegedly showed him lying on a floor surrounded by nine rifles with the caption, "Angel o' death on wings o' lead."

All that colorado law cited above only refers to handguns. The pic was of rifles.

If he is at home, with weapons his parents gave him, there's no law broken. No threats were made. Suspension is overkill, let alone criminal prosecution. I could post the same pic (although I only have 6 rifles) and it would not be a direct threat against anybody.

Sounds like the kid doesn't need to be around firearms since he doesn't have enough tact to be discrete about his hobby, but then again maybe school officials that weren't invited into his MySpace repository don't have any business discriminating in regards to peoples' hobbies.

Goddamn Blissninnies.

 

[Frandy]

What he did was stupid. Should he be "punished"? I don't know, because all I have is the news article. Just like the rest of you. Before anyone gets all riled up about the next step being our guns being taken away, take a deep breath and remember what happened at Columbine. It could be that this kid is really troubled. Or not. We don't know yet.

 

[michakav]

I went to that school before I moved to PA in 1988. I was supposed to go to Columbine but moved to Evergreen.

 

[PinnedAndRecessed]

Sounds like a lawsuit waiting to happen to me. They punished him for something not against the rules just because they didn't like it?

The article said,

allegedly showed him holding handguns.

There was more than one photograph?

I agree about the lawsuit. The burden of proof is on the prosecution to prove there were no adults present.

 

[mp510]

It is very common now for school districts to suspend students for actions that they do when they are not in school if they violate the school's rules or otherwise upset an administrator. I think his move was dumb, but not crimnal. His comment was as much a piece of free speech and as little a threat as many of your guys signatures or those RKBA T-shirts ("When they come for your guns make sure you give them the ammo first" with the smoking 1911).

 

[Zundfolge]

Sounds like the kid doesn't need to be around firearms since he doesn't have enough tact to be discrete about his hobby...

Yes, we should all be discrete about our gun hobby because guns are evil and shooting is a vile hobby akin to bestiality

BACK IN THE CLOSET YOU!


This kid's probably a punk, but I fail to see why the school is involved (because he made no threats there).

So if being under 21 and photographed with a firearm is a crime, I wonder how long until Oleg is locked up?


[sarcasm]Since Columbine could have been easily prevented with more gun control laws and police/nanny state activities by the schools we can all rest easy knowing this kid has been culled from the herd and "they" can keep an eye on him now.[/sarcasm]

 

[LAR-15]

Anybody who posts on Myspace oughtta be locked up

 

[rallyhound]

QUOTE"
Anybody who posts on Myspace oughtta be locked up.


Anybody who posts on THR should be locked up.
I guess that sounds just as stupid.

 

[KriegHund]

W T F

How is this legal? How did they know the GUNS WERE REAL? Did they break into his house and check them out?

I hope the people who perputrated this kid are sued for all they are worth and then some.

Police searched the boy's home after receiving a tip from Evergreen High School on Feb. 10, the same day he was suspended, officials said.

Wonder how they got the warrant for that. Doesnt say anything at all about this supposed "Tip"

He shouldnt need to be "Discrete" about his hobby :Rolleyes:

 

[Cybercop]

It is very common now for school districts to suspend students for actions that they do when they are not in school if they violate the school's rules or otherwise upset an administrator. I think his move was dumb, but not crimnal. His comment was as much a piece of free speech and as little a threat as many of your guys signatures or those RKBA T-shirts ("When they come for your guns make sure you give them the ammo first" with the smoking 1911).

I won't tell you how many phone calls from school administrators I get wanting me to "Take down" a students web site because of some disparaging remarkes about the staff or other students. They just can't get it through their heads that I don't control the internet. I never found out what happened to those kids but I don't think it was good.

Jim