Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-89 next last
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
[ Post Reply | Private Reply | To 30 | View Replies]

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)
[ Post Reply | Private Reply | To 6 | View Replies]

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
[ Post Reply | Private Reply | To 1 | View Replies]

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
[ Post Reply | Private Reply | To 6 | View Replies]

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)
[ Post Reply | Private Reply | To 41 | View Replies]

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)
[ Post Reply | Private Reply | To 1 | View Replies]

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
[ Post Reply | Private Reply | To 39 | View Replies]

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)
[ Post Reply | Private Reply | To 33 | View Replies]

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.)
[ Post Reply | Private Reply | To 4 | View Replies]

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...)
[ Post Reply | Private Reply | To 39 | View Replies]

To: AdamSelene235

I agree with you 100%. The interpretation by the DA and the courts is nuts IMO.


51 posted on 04/05/2006 2:26:31 PM PDT by MadeInAmerica (- If ILLEGAL means Undocumented - Then Bank Robber means Wealth Redistribution)
[ Post Reply | Private Reply | To 49 | View Replies]

To: KarinG1
Hey Karin, that you?

Trigger protocol!

52 posted on 04/05/2006 2:27:18 PM PDT by Navy Patriot (1A & 2A!!)
[ Post Reply | Private Reply | To 39 | View Replies]

To: sit-rep

oh, my.


53 posted on 04/05/2006 2:29:56 PM PDT by patton (Once you steal a firetruck, there's really not much else you can do except go for a joyride.)
[ Post Reply | Private Reply | To 50 | View Replies]

To: Still Thinking
This minor should be disciplined by his parents for inappropriate comments and incorrect firearms handling protocol. No more. Dad should appeal and sue for the arrest and detention.
54 posted on 04/05/2006 2:35:33 PM PDT by Navy Patriot (1A & 2A!!)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Toby06
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.

I'm sure you're about to find out. I imagine that BATF are monitoring this forum for just such admittance, and will soon be knocking on your door, alla Elian Gonzalez.

55 posted on 04/05/2006 2:47:46 PM PDT by mountn man (Growing old is mandatory. Growing up is optional.)
[ Post Reply | Private Reply | To 15 | View Replies]

To: 300magnum
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.

My guess is that he was not running around the house while having his picture taken. Nor was he was loading or firing the weapon. His parents gave him permission to possess the gun, which he was doing. Someone then took his picture while possessing the weapon.

Apparently taking the picture was illegal. I suppose we can look forward to having to register our cameras next.

56 posted on 04/05/2006 2:50:20 PM PDT by Logophile
[ Post Reply | Private Reply | To 1 | View Replies]

To: sit-rep; KarinG1; Squantos; patton; SLB; wardaddy

Geez, dude, we can't take you anywhere! :-)


57 posted on 04/05/2006 3:02:52 PM PDT by Larry Lucido
[ Post Reply | Private Reply | To 50 | View Replies]

To: sit-rep

I just read KarinG1's profile. With her looks (if thats her) and apparent wit and wisdom, I think I'm in love.


58 posted on 04/05/2006 3:04:03 PM PDT by mountn man (Growing old is mandatory. Growing up is optional.)
[ Post Reply | Private Reply | To 50 | View Replies]

To: 300magnum
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.

Attention all burglars...there's a newly disarmed house available for your pleasure...

59 posted on 04/05/2006 3:06:15 PM PDT by Bloody Sam Roberts (Pain is nothing. Pain is weakness leaving the body.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 300magnum
It's times like this I'm grateful that my time on this planet is better than halfway over.

My gun collection started with BB at 9, pump-action .22 at 11, 16-Ga. pump-action at 12, lever-action .308 at 14, .38 revolver at 16.

Any of that would attract a SWAT team today.

60 posted on 04/05/2006 3:08:35 PM PDT by elkfersupper
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-89 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson