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Boy who posed on Web with weapons convicted
Rocky Mountain News ^ | April 5, 2006 | Sue Lindsay

Posted on 04/05/2006 1:27:08 PM PDT by 300magnum

An Evergreen High School student who posted Internet photos of himself posing with guns was convicted Tuesday on a charge of possession of a handgun by a juvenile. The conviction came despite his parents' testimony that they gave him permission to handle guns in their home without their supervision.

Colorado law prohibits possession of a handgun by a juvenile but permits parents to give them permission to possess guns in their homes - even without supervision.

"This is a very difficult case," defense attorney Barrett Weisz said in his closing argument.

"We have pictures that raise images of the Columbine massacre. But if we set the specter of Columbine aside," he said, the boy should be acquitted and sent home.

The photos were posted on the popular teen Web site MySpace.com. The photos showed him posing with a number of rifles and three handguns - a .45-caliber pistol, a .22-caliber revolver and a .357-caliber revolver.

The 16-year-old boy, who has been held in detention since his arrest in February, will be sentenced June 1. He was acquitted on two additional charges of handgun possession.

The judge set a $5,000 bond, but ordered that the boy must be evaluated and a safety plan drawn up before he can be released.

The boy's parents testified they were upset and disappointed with their son when they discovered the photos, but said he had permission to handle the weapons.

"I was not pleased and told him to take (the photos) down," his father testified. "I told him, 'What were you thinking when you took these pictures?' I was upset."

The father, a gun collector and enthusiast who is an airline pilot and retired Air Force pilot, said he gave the boy and his brother extensive training in the safe handling of weapons.

He said he gave his sons permission to handle the guns in the home even when he wasn't there, and the boys had access to keys to trigger locks.

"It was due to their experience and my trust in them" to safely handle the weapons, he said. They often cleaned the guns after they had gone shooting and he was out of town for his job, the father said.

They also built guns from kits, he said.

But Jefferson County District Judge Brian Boatright said that that permission had limits.

"That doesn't mean juveniles could run around the house and do whatever he wanted with the gun," Boatright said, noting that the father testified the boys were not allowed to load or fire the weapons unless he was present.

Boatright acquitted the boy on two charges in which he posed with the handguns but did not have his finger on the trigger. One of the charges stemmed from a photo entitled "angel of death," in which he posed on the floor with guns surrounding his body.

The judge was more concerned with a third photo in which the boy appeared to have his finger on the trigger.

"That exceeds the scope of his training, experience and trust (his father) placed in the juvenile," Boatright said.

Weisz argued the boy has spent far too long in detention already and needs to get on with his life. He has been enrolled in a private school. Weisz said he would appeal the case.

He assured the judge that no weapons will be in the house again. "The hobby is gone. The guns are gone and won't be back," Weisz said.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Government; News/Current Events; US: Colorado
KEYWORDS: banglist; batf; craziesincolorado; donutwatch; janetreno; tardsonparade; zerotolerance
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1 posted on 04/05/2006 1:27:11 PM PDT by 300magnum
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To: 300magnum

Bunch of loonies in the world.


2 posted on 04/05/2006 1:28:24 PM PDT by ahayes
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To: 300magnum

As the child rapist of this country roam free.


3 posted on 04/05/2006 1:29:13 PM PDT by yobid (Keep on Rockin' in the Free World)
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To: 300magnum

WTF is the deal with Colorado over the last 5 years?

Friggin IDIOTS run that state


4 posted on 04/05/2006 1:30:27 PM PDT by MadeInAmerica (- If ILLEGAL means Undocumented - Then Bank Robber means Wealth Redistribution)
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To: 300magnum
But Jefferson County District Judge Brian Boatright said that that permission had limits.

Apparently this judge has no limits..........

5 posted on 04/05/2006 1:30:50 PM PDT by Red Badger (I must not fear.Fear is the mind-killer.Fear is the little-death that brings total obliteration.....)
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To: 300magnum

If what he did isn't against the law as it stood when he committed the act, it wasn't against the law. You can't legally convict him anyway just because you can foresee some negative consequence to his actions.


6 posted on 04/05/2006 1:32:15 PM PDT by Still Thinking (Disregard the law of unintended consequences at your own risk.)
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To: yobid

Not too mention are executive officers in HOmeland Security


If this kid had his Ruger 10/22 with him there would have been no problem...even with a folding stock and 30 rd magazines..

And at 16 he could own it....

Funny that at 16 once upon a time he would have been called to fight in this nations wars...

This country is run by bozos...we need to get rid of pronto!


7 posted on 04/05/2006 1:33:15 PM PDT by joesnuffy (This 'Guest Worker Program' Is To Border Security as 'Campaign Finance Reform' Is To Free Speech)
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To: 300magnum
"We have pictures that raise images of the Columbine massacre. But if we set the specter of Columbine aside," he said, the boy should be acquitted and sent home.

Let me make this as clear as I can for you, your honor.

Kids with guns shooting other kids = Columbine.

Kids with guns NOT shooting other kids != Columbine.

Clear enough?

8 posted on 04/05/2006 1:33:35 PM PDT by Gordongekko909 (I know. Let's cut his WHOLE BODY off.)
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To: 300magnum

Is it just me or has the nation gone completely irretrievably insane? I wish this whole trend to totalitarianism would resolve to the inevitable conclusion and we could be free men again for a little while...


9 posted on 04/05/2006 1:34:00 PM PDT by LambSlave (The truth will set you free)
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To: Still Thinking

I was looking back through the article and couln't find any mention of any broken laws. Maybe some Colorado lawyer freepers can clue me in as to why the youngsters in detention.


10 posted on 04/05/2006 1:35:04 PM PDT by 300magnum (We know that if evil is not confronted, it gains in strength and audacity, and returns to strike us)
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To: Red Badger

"But Jefferson County District Judge Brian Boatright said that that permission had limits.
Apparently this judge has no limits.........."

And he has no understanding of the 2nd Amendment. I guess the Bill of Right don't apply to people under the age of 18.

Another out of control gov't tyrant using terror to force someone to give up their rights.


11 posted on 04/05/2006 1:35:11 PM PDT by MaDeuce (Do it to them, before they do it to you! (MaDuce = M2HB .50 BMG))
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To: 300magnum

This is one of the most outrageous acts I have ever read about. The prosecutor, the judge and the jury need to be put in prison for life.


12 posted on 04/05/2006 1:35:14 PM PDT by Shanda
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To: 300magnum; Squantos; sit-rep

The kid should be acquitted, and then the parents should smack him for telling the whole world what kind of weapons they have.


13 posted on 04/05/2006 1:35:29 PM PDT by Larry Lucido
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To: 300magnum
The 16-year-old boy, who has been held in detention since his arrest in February, will be sentenced June 1

Since FEB?
For PHOTOGRAPHS??

He assured the judge that no weapons will be in the house again. "The hobby is gone. The guns are gone and won't be back," Weisz said.

Hey, DAD, how about punishing the youngster, not yourself.

14 posted on 04/05/2006 1:35:47 PM PDT by Just another Joe (Warning: FReeping can be addictive and helpful to your mental health)
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To: 300magnum

How can this be? The kid had a pic taken with his dads guns?

Damn, when i was 10, i used to ride off into the woods on my motorcycle with my .22 slung over my shoulder, fishing pole ascross the handlebars and a 2.5 gallon jug of gas strapped on. Cops never once gave me a hard time.

I wonder what my jail sentence would have been if I were 10 and did this now.


15 posted on 04/05/2006 1:36:00 PM PDT by Toby06 ((optional, printed after your name on post):)
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To: 300magnum

Is it just me, or have our freedoms been eroding at an accelerated rate recently? This judge's ruling is disgusting.


16 posted on 04/05/2006 1:36:38 PM PDT by Junior_G
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To: 300magnum

A couple of dozen times last summer, my 13 year old grandson came busting through my door, yelling, "I need the Colt with the shot loads, there's a big moccasin in the yard". Am I supposed to drag my old butt out, when there is a young man around to handle the problem?


17 posted on 04/05/2006 1:37:21 PM PDT by SWAMPSNIPER (LET ME DIE ON MY FEET, IN MY SWAMP)
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To: Larry Lucido

"A government that does not trust it's law abiding citizens to keep
and bear arms is itself unworthy of trust." -James Madison


18 posted on 04/05/2006 1:38:26 PM PDT by Shimmer128
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To: 300magnum

I posted before I finished reading the article. I think the judge's (IMHO tenuous) rationale was that the father's permission as he gave it had limits (no loading, firing, etc.), so he painstakingly parsed the specific acts performed by the kid and concluded that he lacked the father's permission to do what he was photographed doing.

Also, the dad is a wuss for saying there will bever be guns in the house again. Enact bathtub registration and control!!


19 posted on 04/05/2006 1:38:47 PM PDT by Still Thinking (Disregard the law of unintended consequences at your own risk.)
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To: 300magnum

very infuriating story, judge doesn't know the law.
saddest part of the story is the last line.. He assured the judge that no weapons will be in the house again. "The hobby is gone. The guns are gone and won't be back,"
because LEOs didn't know the law, this man has given up his weapons.


20 posted on 04/05/2006 1:39:07 PM PDT by absolootezer0 ("My God, why have you forsaken us.. no wait, its the liberals that have forsaken you... my bad")
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To: 300magnum

It looks like Colorado has joined Kalipornia, New Joisey, New Yawk, Taxachusetts, Illannoyed, and Floriduh in the idiot competition.


21 posted on 04/05/2006 1:39:37 PM PDT by ZULU (Non nobis, non nobis, Domine, sed nomini tuo da gloriam. God, guts, and guns made America great.)
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To: Toby06
Cops never once gave me a hard time.

Things sure have changed from looking at LE as a friend then to that of an adversary today. As the old timers retire we will see more and more of the mirrored sunglass variety. It is a shame that this young man has had to go through this and for what?

22 posted on 04/05/2006 1:39:49 PM PDT by beltfed308 (Cloth or link. Happiness is a perfect trunnion.)
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To: 300magnum
You can't tell from a photo if its loaded, empty, or has snap caps in it - so what if his finger was on the trigger - this judge is inferring way too much. Yes, the Angel of Death thing is very tasteless and insensitive, but not illegal. This judge is over stepping his bounds by a wide margin. Image hosting by TinyPic
23 posted on 04/05/2006 1:41:14 PM PDT by Sax
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To: Junior_G
Is it just me, or have our freedoms been eroding at an accelerated rate recently? This judge's ruling is disgusting.

No, it's not you. This abortion of a judge seems to think he's a better father than the dad in this story. Welcome to the Nanny-State.

24 posted on 04/05/2006 1:42:14 PM PDT by paulcissa (Only YOU can prevent liberalism.)
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To: 300magnum
Colorado law prohibits possession of a handgun by a juvenile but permits parents to give them permission to possess guns in their homes - even without supervision.

Except when Colorado doesn't feel like allowing what the law allows.

25 posted on 04/05/2006 1:44:32 PM PDT by dead (I've got my eye out for Mullah Omar.)
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To: 300magnum

should have had the Department of Homeland Security in on
this big, series bust.


I guess pedophiles AND hoplophobes cruise Myspace now.


26 posted on 04/05/2006 1:44:51 PM PDT by Rakkasan1 (Muslims pray to Allah, Allah prays to Chuck Norris.(one nation, under sharia))
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To: JTN
An Evergreen High School student who posted Internet photos of himself posing with guns was convicted Tuesday on a charge of possession of a handgun by a juvenile. The conviction came despite his parents' testimony that they gave him permission to handle guns in their home without their supervision.

Colorado law prohibits possession of a handgun by a juvenile but permits parents to give them permission to possess guns in their homes - even without supervision.

The jury just convicted this kid of not breaking the law. The law doesnt say you can have parental permission to have a gun unsupervised as long as your finger isnt on the trigger.This judge needs to be impeached the prosacuter and jury need to go to prison

27 posted on 04/05/2006 1:45:54 PM PDT by freepatriot32 (Holding you head high & voting Libertarian is better then holding your nose and voting republican)
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To: Travis McGee; Joe Brower; Mr. Mojo; DaveLoneRanger

fascist jbt ping


28 posted on 04/05/2006 1:47:28 PM PDT by freepatriot32 (Holding you head high & voting Libertarian is better then holding your nose and voting republican)
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To: Shimmer128
"A government that does not trust it's law abiding citizens to keep and bear arms is itself unworthy of trust." -James Madison

Needs repeated, over and over again, to every Senator, Congressman, State legislator, County government, City and Village Board members, judges, magistrates and whacko liberal nut jobs, everywhere.

29 posted on 04/05/2006 1:47:36 PM PDT by SolidRedState (I Love TEXAS!)
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To: 300magnum
[The photos were posted on the popular teen Web site MySpace.com. The photos showed him posing with a number of rifles and three handguns - a .45-caliber pistol, a .22-caliber revolver and a .357-caliber revolver.]



The legal details of this case aside, this reminds me of when I worked in a photo lab back in '90 which had the job of processing and printing the high school group pictures for the city of Aurora, Illinois. We had the first large print made, and in the back row was a student holding a handgun up in the air.

I can only imagine that his thought process must have been: "I want all my peers to fear me when they see this picture of me standing among them at school, looking mean and holding a gun." I also assume that he didn't think past that to the part where the picture is turned over to police who arrest him for possession of a handgun on school property and have photo evidence of the felony, and then the lab removes him from any prints the school releases to the public.
30 posted on 04/05/2006 1:50:21 PM PDT by spinestein (The mainstream news media is to journalism what fast food chains are to fine dining.)
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To: yobid

Son of Senate president offered plea deal in assault case
http://www.freerepublic.com/focus/f-news/1609544/posts



>>>> Two young men charged with sodomizing 18 boys at a youth camp last year have been offered a plea agreement that may net them little jail time and no record of sexual assault. <<<<<

YUP!


31 posted on 04/05/2006 1:51:49 PM PDT by quietolong
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To: Shimmer128

Yep!


32 posted on 04/05/2006 1:53:54 PM PDT by Larry Lucido
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To: SWAMPSNIPER
Am I supposed to drag my old butt out, when there is a young man around to handle the problem?

If he asks for the depleted uranium rounds, you better get up and check it out.

33 posted on 04/05/2006 1:55:41 PM PDT by Larry Lucido
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To: 300magnum
I was looking back through the article and couln't find any mention of any broken laws.

I think you misstate that. Reading through the article you find acknowledgement that what was done was specifically legal.

If this article is anything remotely like factual, then this judge is simply a loon.

34 posted on 04/05/2006 1:57:39 PM PDT by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: Gordongekko909

Guns=Columbine (/simplistic liberal anti-gun sentiment)


35 posted on 04/05/2006 1:58:01 PM PDT by magslinger (Pray for your enemies, It's like taking a B52 to a gun fight.)
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To: 300magnum
"A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.

I'm not trying to be funny but, where in the second amendment does it specify age?
36 posted on 04/05/2006 2:00:23 PM PDT by TheForceOfOne (El Chupacabra spotted near U.S./Mexican border feeding on illegal immigrants. Pass it on..)
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To: LambSlave
Is it just me or has the nation gone completely irretrievably insane? I wish this whole trend to totalitarianism would resolve to the inevitable conclusion and we could be free men again for a little while...

Sadly, a lot of people look at things that are happening and think, "Does it personally have anything to do with me? It doesn't? Then, I'm too busy to care." It's just easier to ignore it. Then they will wonder how things got so out of hand.

37 posted on 04/05/2006 2:01:58 PM PDT by HungarianGypsy (I'm writing a post to a message board. I don't care if it's not grammatically perfect.)
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To: 300magnum

This should be easily overturned on appeal.


38 posted on 04/05/2006 2:05:27 PM PDT by Sir Gawain
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To: 300magnum
Come and get me, copper.


39 posted on 04/05/2006 2:11:49 PM PDT by KarinG1 (Some of us are trying to engage in philosophical discourse. Please don't allow us to interrupt you.)
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To: 300magnum
who has been held in detention since his arrest in February, will be sentenced June 1

Good grief. Even people accused of murder can raise bail.

The world has gone insane. I remember classmates in my HS leaving guns in their trucks (exposed in rear window gun racks) in the school parking lot because they were going hunting after school. We also had REAL WORKING military M-14s (two fully automatic) in the school armory for the ROTC unit.

40 posted on 04/05/2006 2:14:34 PM PDT by RadioAstronomer (Senior member of Darwin Central)
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To: spinestein
I can only imagine that his thought process must have been: "I want all my peers to fear me when they see this picture of me standing among them at school, looking mean and holding a gun." I also assume that he didn't think past that to the part where the picture is turned over to police who arrest him for possession of a handgun on school property and have photo evidence of the felony, and then the lab removes him from any prints the school releases to the public.

How could you tell from a wide angle group shot that it was a real gun, and not a replica or even a toy?

Besides, it's against the law in IL for anyone under 18 to possess a handgun, and illegal for adults to "to carry or possess any firearm in any vehicle or concealed on or about the person, except on one`s land or in one`s abode or fixed place of business. It is unlawful to carry or possess any firearm on or about one`s person upon any public street, alley, or other public lands within the corporate limits of a city, village, or incorporated town" ... "transportation of firearms that are broken down in a non-functioning state or are not immediately accessible (e.g., in the trunk of a car); and transportation, carrying, or possession of a firearm which is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, by the possessor of a valid FOID. Under the Wildlife Code, it is unlawful to have or carry any firearm in or on any vehicle or conveyance unless unloaded and enclosed in a case."

So clearly the photo could not have been showing what you think it showed. [/sarc

41 posted on 04/05/2006 2:15:10 PM PDT by El Gato
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To: Still Thinking

In Texas they arrest you for public drunkeness while in a bar because you might drive a car.

Bush attacked Iraq because he believed they had WMD and might use them.

Many people want to stop one from owning a gun because they might be the rare case of a psycho.

Sadly, preemptive arrest be the trend of the future.


42 posted on 04/05/2006 2:17:50 PM PDT by School of Rational Thought (Republican - The thinking people's party)
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To: 300magnum
An Evergreen High School student who posted Internet photos of himself posing with guns was convicted Tuesday on a charge of possession of a handgun by a juvenile. The conviction came despite his parents' testimony that they gave him permission to handle guns in their home without their supervision.

Colorado law prohibits possession of a handgun by a juvenile but permits parents to give them permission to possess guns in their homes - even without supervision.

Sounds like this conviction was a witchhunt that will be thrown out on appeal.

43 posted on 04/05/2006 2:18:19 PM PDT by Paul C. Jesup
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To: Still Thinking
You can't legally convict him anyway just because you can foresee some negative consequence to his actions.

Who activated the pre-crime unit in CO?

44 posted on 04/05/2006 2:18:33 PM PDT by 6SJ7
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To: El Gato
and illegal for adults to "to carry or possess any firearm in any vehicle or concealed on or about the person, except on one`s land or in one`s abode or fixed place of business.

Just one of the reasons I would NEVER move to IL!

45 posted on 04/05/2006 2:18:53 PM PDT by RadioAstronomer (Senior member of Darwin Central)
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To: 300magnum

Has anyone here seen the pictures? I'd be interested to see what exactly the article is talking about, and I couldnt find anything on myspace.com.
He IS a minor, though, so his face should probably be blurred out.


46 posted on 04/05/2006 2:19:01 PM PDT by BorisTheBulletDodger (Innocent until proven guilty)
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To: KarinG1
Come and get me, copper.

Wrong title. What she's really saying is "Put that thing back in your pants, or your Mr. Wiggly will meet my Mr. Beretta. "

47 posted on 04/05/2006 2:19:41 PM PDT by El Gato
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To: Larry Lucido

The depleted uranium is only for the gators!


48 posted on 04/05/2006 2:20:16 PM PDT by SWAMPSNIPER (LET ME DIE ON MY FEET, IN MY SWAMP)
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To: MadeInAmerica
Actually, the law isn't all that unreasonable. The interpretation on the other hand.

It is unlawful for any person under 18 to possess a handgun, and it is unlawful to provide or permit a juvenile to possess a handgun, with exceptions for attendance at a hunter`s safety course or firearms safety course, or engaging in lawful target shooting, or hunting or trapping with a valid license, or traveling with an unloaded handgun to or from any of these activities, or while on real property under the control of the juvenile`s parent, legal guardian or grandparent and who has the permission of the parent or legal guardian to possess a handgun, or while at the juvenile`s residence and with permission of parent or legal guardian possesses a handgun for self-defense.

49 posted on 04/05/2006 2:22:52 PM PDT by AdamSelene235 (Truth has become so rare and precious she is always attended to by a bodyguard of lies.)
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To: KarinG1; Larry Lucido; Squantos; patton; SLB; wardaddy
Is this really you?? If so, can we buy you a drink and sing "You lost that Loving feeling..." LOL....

smokin hot...

50 posted on 04/05/2006 2:25:12 PM PDT by sit-rep (If you acquire, hit it again to verify...)
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