From Deseret News archives:
Rocky wants to tighten gun-minor laws
Mayor Rocky Anderson, who is dealing with the aftermath of a June shooting in Liberty Park, believes it's time to get serious about punishing the city's gun-toting juveniles, who committed 102 gun-related crimes in the 2003-04 fiscal year. In the June 6 shooting, which injured an 18-year-old man, a 14-year-old boy pulled the trigger.
In a letter sent Tuesday, Anderson let state lawmakers know that Utah gun laws produce "an almost inconsequential penalty" for certain juvenile gun crimes and don't help police officers in their efforts to keep citizens safe from teenage gangbangers packing heat.
"Given the proliferation of guns in our community and the fact that many of them are finding their way into the hands of children, we must take firm action," Anderson wrote.
The letter urges state lawmakers to increase three laws involving minors and guns from class B misdemeanors to at least third-degree felonies. Those laws include being a minor in possession of a dangerous weapon, providing a dangerous weapon to a minor and being a parent or guardian who knows a minor is in possession of a dangerous weapon.
"Because the rules governing the possession of firearms are solely within the Legislature's jurisdiction (since the Legislature denied cities of the power to regulate firearms), we need your help," Anderson wrote.
Gun rights advocates argue a penalty enhancement — whether for the offending juveniles or adults — is unnecessary.
"There are more than enough laws with more than enough penalties on the books," said Charles Hardy, policy director for Gun Owners of Utah (GOUtah!), who frequently lobbies the Legislature. "Any prosecutor serious about taking a criminal off the street, even a juvenile, doesn't need a felony enhancement. In Liberty Park, you essentially had an attempted murder. That's a felony in any jurisdiction."
In addition to state law, it is also a federal crime for any adult to sell, deliver or transfer a gun to a juvenile. The federal penalty for doing so is up to a year in federal prison, unless there is reason to believe the minor would use the weapon to commit a violent crime, and then the penalty is up to 10 years.
There are some exceptions, including those juveniles who have the written permission of a parent or if the gun is being used in connection with hunting, farm or ranch management, or as part of a safety instruction course.
Hardy also said he is unaware of any penalty laid out in state or federal statute that actually serves as a deterrent to crime.
