Examples of Firearm Cases
More than half of all felony firearm cases in King County, WA, that go to trial involve simple possession of a gun. Possession of a firearm may be actual or constructive. Constructive possession cases are some of the most challenging to prosecute. Constructive possession occurs when the firearm is not on the juvenile’s person, but the juvenile has dominion and control over the firearm or the premises where the firearm is found. Evidence of dominion and control includes the juvenile’s proximity to the firearm, his or her ownership or control of the premises where the firearm is found (e.g., the juvenile is the driver of the car in which a gun is found), or the juvenile’s present ability to gain actual possession of the firearm.
Case 1: W.M., 17 years old. W.M. was driving a car with an adult in the front passenger seat. Police stopped the car for a traffic infraction and recovered a gun from the glove compartment. The adult admitted that the gun was his and pled guilty to being a felon in possession of a firearm. W.M. was charged with possession of the same firearm because he was the driver of the car and was therefore in constructive possession of the firearm. The court found W.M. guilty as charged.
Case 2: C.W., 16 years old. C.W. was seen by police inside a parked vehicle. C.W. got out of the car, locked the door, and walked away. Officers approached the car and saw a handgun in plain view on the driver’s floorboard. C.W. was detained, and the car keys were found on his person. C.W. denied any knowledge of the gun. The court found C.W. guilty of the illegal possession of a firearm based on the State’s constructive possession argument.
Another common juvenile firearm scenario is the “accidental shooting” case.
Case 3: T.W., 15 years old. T.W. brought a gun to school and showed it to his friends. On their way home from school through the woods, T.W. and his friends were approached by a 10-year-old boy. T.W. showed the gun to the boy and demonstrated how to load and unload the magazine. The boy said he did not believe it was a real gun, so T.W. pointed it at the boy to scare him. The magazine was not in the gun, and T.W. thought it was unloaded, but there was still a round in the chamber. T.W. pulled the trigger and shot the boy in the shoulder. T.W.was convicted of second-degree felony assault (i.e., intentional assault that recklessly inflicts substantial bodily harm).
Case 4: J.S., 17 years old. J.S. and his 17-year-old friend Tim bought a semiautomatic Uzi from their 18-year-old friend, stole some ammunition from a local gun shop, and went to a quarry to practice firing the gun. Some time later, J.S. and Tim decided to steal a car, and they took the Uzi along “for protection.” Tim was under the dashboard trying to hot wire the car and J.S. was holding a flashlight and the Uzi when the Uzi “accidentally” went off. Tim was shot in the head and killed. J.S. pled guilty to first-degree manslaughter (i.e., recklessly causing death).
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