Mt. Hermon student arrested after cops allegedly find .357 revolver in car

[nolaradio]

From: http://www.nola.com/crime/index.ssf/2014/09/mt_hermon_student_arrested_aft.html

A 17-year-old Mt. Hermon School student was arrested Monday after Washington Parish Sheriff's Office detectives said they found a .357-caliber revolver in the student's car. Chief Deputy Mike Haley said the serial number on the revolver was partially obliterated.

Read the whole story at the link above.

 

[rcm192]

Just saw this on the news. Definitely a couple NO NOs going on there.

 

[charlie12]

Wonder if the gun in the car charge will stick?

 

[cajun 22]

How did they know it was in his car?

 

[Kraut]

I don't believe the charge for the gun on the school grounds will hold as it was contained within the vehicle as allowed by law. The obliterated serial number should hold, and will likely turn into an additional charge of possession of stolen property.

 

[madwabbit]

A 17-year-old Mt. Hermon School student was arrested Monday after Washington Parish Sheriff's Office detectives said they found a .357-caliber revolver in the student's car.



The charge will likely be changed to RS 14:95.8 - Illegal possession of a handgun by a juvenile

It is unlawful for any person who has not attained the age of seventeen years knowingly to possess any handgun on his person. Any person possessing any handgun in violation of this Section commits the offense of illegal possession of a handgun by a juvenile.


Before the couch lawyers show up - if its in the vehicle you are driving, its "in your possession"

 

[nolaradio]

A 17-year-old Mt. Hermon School student was arrested Monday after Washington Parish Sheriff's Office detectives said they found a .357-caliber revolver in the student's car.



The charge will likely be changed to RS 14:95.8 - Illegal possession of a handgun by a juvenile

It is unlawful for any person who has not attained the age of seventeen years knowingly to possess any handgun on his person. Any person possessing any handgun in violation of this Section commits the offense of illegal possession of a handgun by a juvenile.



Before the couch lawyers show up - if its in the vehicle you are driving, its "in your possession"

According to the article, the kid is 17. The law you quoted says that "It is unlawful for any person who has not attained the age of seventeen years knowingly to possess any handgun on his person."

Seems like he passes that test.

 

[JR1572]

We need much more information than what's in the NOLA.com article to figure out what's going on with this incident.

As of right now, the only charge I see sticking is 14:95.7. I'm interested in learning how they got to the handgun in the car.

JR1572

 

[nolaradio]

We need much more information than what's in the NOLA.com article to figure out what's going on with this incident.

As of right now, the only charge I see sticking is 14:95.7. I'm interested in learning how they got to the handgun in the car.

JR1572

I'm curious too. I'm sure the only thing we'll eventually hear is that the car was searched because of an "anonymous tip".

 

[olivs260]

According to the article, the kid is 17. The law you quoted says that "It is unlawful for any person who has not attained the age of seventeen years knowingly to possess any handgun on his person."

Seems like he passes that test.

yep

 

[JR1572]

I'm curious too. I'm sure the only thing we'll eventually hear is that the car was searched because of an "anonymous tip".

I'm sure the police pulled him out of class and asked him some questions. He probably disclosed he had the handgun in his car and consented to the search. He's 17 and can consent to a search without a parent or guardian around.

JR1572

 

[madwabbit]

According to the article, the kid is 17. The law you quoted says that "It is unlawful for any person who has not attained the age of seventeen years knowingly to possess any handgun on his person."

Seems like he passes that test.

Yeahhhhh hadn't had my coffee yet. 17 definitely equals 17.


I will chime in that state law says 17 but federal law is 18. I probably had this point on my mind when I typed my comment, thinking "a year too young". I dunno.

Gunna go drink coffee. Luckily this is my forum of choice BEFORE I'm awake and functioning.

 

[nolaradio]

I'm sure the police pulled him out of class and asked him some questions. He probably disclosed he had the handgun in his car and consented to the search. He's 17 and can consent to a search without a parent or guardian around.

JR1572

Not sure about Washington Parish schools, but St. Tammany has in their handbook that they can search students' lockers, school bags, vehicles and persons whenever they fell like it. With or without probable cause. I don't agree with that. If I were still in high school and put in that position, I wouldn't allow a search without my parents present. Yes, I was a **** starter in high school. Luckily, I never was faced with that. I graduated in the early 90's and can remember kids coming to school with hunting rifles in their trucks ready to go to their lease when the bell rang on Friday afternoon. And this was in Jefferson Parish, not some rural parish.

I still have one in school and hope he is never in this situation.

 

[Pas Tout La]

I'm not saying this is what happened, but when I was in high school the police ran a drug dog through the parking lot. They claimed the dog hit on my truck and had probable cause to search it. When I objected, the principal said that by me driving on to school property, I gave implicit consent to have my vehicle search. I had a box of shotgun shells from hunting that weekend and a pocketknife in the glove box. It took 9 weeks for me to be reinstated. Don't you just love public schools?!

 

[nolaradio]

Yeahhhhh hadn't had my coffee yet. 17 definitely equals 17.


I will chime in that state law says 17 but federal law is 18. I probably had this point on my mind when I typed my comment, thinking "a year too young". I dunno.

Gunna go drink coffee. Luckily this is my forum of choice BEFORE I'm awake and functioning.

It's all good.

Also I remember reading somewhere that is's legal for someone 18-20 years old to own a handgun. As long as it was given to them as a gift or purchased in a private sale. It's against the law for a FFL to sell to someone not 21. But I meet the age requirement so I don't concern myself too much with things like that.

 

[madwabbit]

It's all good.

Also I remember reading somewhere that is's legal for someone 18-20 years old to own a handgun. As long as it was given to them as a gift or purchased in a private sale. It's against the law for a FFL to sell to someone not 21. But I meet the age requirement so I don't concern myself too much with things like that.

For someone not concerned, you hit the nail on the head.

Federal law:
Own = 18
Buy = 21

 

[nolaradio]

I'm not saying this is what happened, but when I was in high school the police ran a drug dog through the parking lot. They claimed the dog hit on my truck and had probable cause to search it. When I objected, the principal said that by me driving on to school property, I gave implicit consent to have my vehicle search. I had a box of shotgun shells from hunting that weekend and a pocketknife in the glove box. It took 9 weeks for me to be reinstated. Don't you just love public schools?!

Dogs can be trained to do almost anything. Including to hit on a target by command. I've seen videos on YouTube where the handler uses one word when directing the dog to one part of a car and another word when pointing to another part of the car. Amazingly, the dog "smelled" something when the different word was spoken.

 

[olivs260]

For someone not concerned, you hit the nail on the head.

Federal law:
Own = 18
Buy = 21

Is it really 17 per state law? I feel like I remember that it is, too. If so, this case could get... interesting...

 

[JR1572]

§95.8. Illegal possession of a handgun by a juvenile

A. It is unlawful for any person who has not attained the age of seventeen years knowingly to possess any handgun on his person. Any person possessing any handgun in violation of this Section commits the offense of illegal possession of a handgun by a juvenile.

B.(1) On a first conviction, the offender shall be fined not more than one hundred dollars and imprisoned for not less than ninety days and not more than six months.

(2) On a second conviction, the offender shall be fined not more than five hundred dollars and imprisoned with or without hard labor for not more than two years.

(3) On a third or subsequent conviction, the offender shall be fined not more than one thousand dollars and imprisoned at hard labor for not more than five years.

(4) A juvenile adjudicated delinquent under this Section, having been previously found guilty or adjudicated delinquent for any crime of violence as defined by R.S. 14:2(B), or attempt or conspiracy to commit any such offense, shall upon a first or subsequent conviction be fined not less than five hundred dollars and not more than one thousand dollars and shall be imprisoned with or without hard labor for not less than six months and not more than five years. At least ninety days shall be served without benefit of probation, parole, or suspension of sentence.

C. The provisions of this Section shall not apply to any person under the age of seventeen years who is:

(1) Attending a hunter's safety course or a firearms safety course.

(2) Engaging in practice in the use of a firearm or target shooting at an established range.

(3) Hunting or trapping pursuant to a valid license issued to him pursuant to the laws of this state.

(4) Traveling to or from any activity described in Paragraph (1), (2), or (3) of this Subsection while in possession of an unloaded gun.

(5) On real property with the permission of his parent or legal guardian and with the permission of the owner or lessee of the property.

(6) At such person's residence and who, with the permission of such person's parent or legal guardian, possesses a handgun.

(7) Possessing a handgun with the written permission of such person's parent or legal guardian; provided that such person carries on his person a copy of such written permission.

D. For the purposes of this Section "handgun" means a firearm as defined in R.S. 14:37.2, provided however, that the barrel length shall not exceed twelve inches.

Acts 1999, No. 1218, §1.

JR1572

 

[Vsotok10]

Not sure about Washington Parish schools, but St. Tammany has in their handbook that they can search students' lockers, school bags, vehicles and persons whenever they fell like it. With or without probable cause. I don't agree with that. If I were still in high school and put in that position, I wouldn't allow a search without my parents present. Yes, I was a **** starter in high school. Luckily, I never was faced with that. I graduated in the early 90's and can remember kids coming to school with hunting rifles in their trucks ready to go to their lease when the bell rang on Friday afternoon. And this was in Jefferson Parish, not some rural parish.

I still have one in school and hope he is never in this situation.

I do not consent to any form of search but will not resist your commands, unlawful or not.