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SB 404 IN

Unlawful possession of a firearm by a child.

IN · session 2025 · Senate · bill

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Introduced Jan 13, 2025

Latest action (Jan 13, 2025) First reading: referred to Committee on Corrections and Criminal Law

Summary

Adds felony unlawful possession of a firearm by a child to the list of crimes for which a juvenile court shall, upon motion of the prosecuting attorney, waive jurisdiction under certain circumstances. Removes certain crimes concerning children and firearms from the list of crimes in which a juvenile court does not have jurisdiction for an alleged violation. Removes language in the unlawful carrying of a handgun statute prohibiting a person less than 18 years of age from carrying a handgun. Provides that the unlawful carrying of a handgun statute applies to a person who has been adjudicated as a delinquent child under the statute, and is at least 18 years of age but less than 23 years of age. Renames the "dangerous possession of a firearm" crime to "unlawful possession of a firearm by a child" and provides that the enhanced penalty applies if the offense was committed: (1) on or in school property; (2) within 500 feet of school property; or (3) on a school bus. Removes the reckless mens rea for unlawful possession of a firearm by a child. Makes technical changes.

Sponsor (1)

Action history (2)

  1. Jan 13, 2025 Authored by Senator Taylor G · upper
  2. Jan 13, 2025 First reading: referred to Committee on Corrections and Criminal Law · upper
Subjects
CHILDREN AND MINORS; GenerallyCOURTS; Juvenile CourtsCRIMINAL LAW AND PROCEDURE; Firearms and Weapons OffensesCRIMINAL LAW AND PROCEDURE; Prosecuting Attorneys (Non-Elected)FIREARMS AND WEAPONSSCHOOLS; Buildings and Grounds

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