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King County Prosecutor Dan Satterberg is trying to change a state law that lets juveniles get convicted five times for illegally possessing a gun before they face any real consequences. (AP image)

Lack of penalties encouraging young criminals to keep using guns

BY Josh Kerns  on January 29, 2013 @ 10:58 am (Updated: 12:07 pm - 1/29/13 )

When a young person uses a gun illegally, you'd figure the system would crack down hard to nip the problem in the bud. You'd be wrong. Currently, it takes five convictions before a juvenile caught illegally possessing a gun gets put into longer-term juvenile detention.

But King County Prosecutor Dan Satterberg is trying to change that. After failing twice before to convince state lawmakers to stiffen penalties, he's again proposed a new measure with State Sen. Adam Kline and State Rep. Chris Hurst, along with an unprecedented alliance between gun control and gun rights advocates.

Under current laws, a kid caught illegally possessing a gun the first four times can get up to 30 days in a local juvenile facility, but Satterberg tells The David Boze Show they usually do much less or no time and usually just get a slap on the wrist.

"They can get some probation or they can pick up some trash for a couple of hours or write a book report. That's about it."

Only after a fifth conviction for illegal possession of a gun do they get sent to the Department of Juvenile Rehabilitation Administration for a 15-week sentence.

It's one of the reasons gangs recruit and leverage young people to carry their guns, because they know they won't face any serious consequences, Satterberg says.

"That just seems ridiculous to me. People are pretty surprised to find out," he says.

That would change under the new law. Satterberg's proposal, SB5376 and HB 1096, calls for a mandatory 10-day sentence on the first conviction, and a 15-week sentence at the JRA for the second.

"Our present law does kids absolutely no favors at all by being lenient, because what happens somewhere between that first conviction and that fifth one, they usually pull that gun out of their pocket and shoot somebody."

Satterberg says the 15-week sentence is about more than just having kids "cool their heels." He's also advocating a new juvenile gun curriculum that counters many of the myths about guns young people see in video games and media, and warns them of the consequences.

While lawmakers have defeated similar proposals over budget concerns, Satterberg calls that short sighted, arguing it'll cost a lot more later on if a kid turns into an adult offender.

"We're going to pay all of that money to lock one kid up for 30 years after they've killed somebody."

Boze agrees. "If the programs you're talking about would actually work and divert even 20 percent of these kids [it seems] that your savings overall would be fairly swift over the period of a few years."

Josh Kerns, MyNorthwest.com Reporter
Josh Kerns is co-host of KIRO Radio's Seattle Sounds (Saturday nights 7-8) and a digital content producer for MyNorthwest.com.
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Comments (56)


  • Add A Comment

  • JohnQEveryman wrote...
    ...
    January 30, 2013 8:57 am
    There's a bit of a disconnect in this story. Illegally possessing a firearm isn't always indicative of potential criminal activity; it often is, but that's like saying anyone that carries a knife is going to use it for criminal activity. Sometimes, people carry weapons illegally for personal security because they don't have the wherewithal to possess the weapon legally. The irony in all this hoopla over guns recently is that WA has some of the most liberal gun laws, yet some of the lowest instances of crime with firearms. Let's maybe focus on the socio-economic conditions that lead these youth to offend and stop trying to use misguided, knee-jerk legislation to do the trick.
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  • HLC wrote...
    Hey messy.
    January 30, 2013 10:03 am
    Have you found the term Separation Of Church and State yet? Whats the problem? Good luck with that. As far as chargeing the young people with felonies for gun crimes, they are the voting base of the left. Never happen.
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  • messiah101 wrote...
    HLC
    January 30, 2013 10:59 am
    No the words "separation of Church and State" but the words that you can own assault weapons are not either. The SC stands behind that separation. Thats why prayer is not mandatory,or reading from the bible or putting up Christmas displays on govt property. Now do you get it? Separation of Church and State IS THE LAW of the land so you'll just have to live with it.Right
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  • JohnQEveryman wrote...
    "Separation Of Church and State"
    January 30, 2013 12:06 pm
    "Separation Of Church and State" is a misnomer. The 1st Amendment only states the government shall make no law 'establishing religion', but the "wall of separation between Church and State" was a statement Thomas Jefferson wrote in letter in 1802. It has since been used to better explain the intent of the Establishment Clause in the 1st Amendment.
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  • Forrest wrote...
    The United States of America is not a Christian nation according to the Treaty of Tripoli.
    January 30, 2013 9:00 pm
    The Treaty of Tripoli (Treaty of Peace and Friendship between the United States of America and the Bey and Subjects of Tripoli of Barbary) was the first treaty concluded between the United States of America and Tripolitania, signed at Tripoli on November 4, 1796 and at Algiers (for a third-party witness) on January 3, 1797. It was submitted to the Senate by President John Adams, receiving ratification unanimously from the U.S. Senate on June 7, 1797 and signed by Adams, taking effect as the law of the land on June 10, 1797.

    The treaty was a routine diplomatic agreement but has attracted later attention because the English version included a clause about religion in the United States.

    As the Government of the United States of America is not, in any sense, founded on the Christian religion,—as it has in itself no character of enmity against the laws, religion, or tranquility, of Mussulmen [Muslims],—and as the said States never entered into any war or act of hostility against any Mahometan [Mohammedan] nation, it is declared by the parties that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two countries.

    From Wikipedia

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  • JohnQEveryman wrote...
    ...
    January 31, 2013 8:41 am
    duh. We're a Christian majority nation, but our founding fathers were deists, not Christians. There's a big difference between the two and it's generally accepted to be the reason for the disconnect of federally-sponsored religion.
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  • It's me! Ha ha! wrote...
    Whats your solution?Are you satisfied with the way things are? Do you believe anyone with a gun has a RIGHT to sell that gun to any other person?
    February 3, 2013 3:53 pm
    I have NO PROBLEM with law abiding Americans selling and buying guns not involving the regime. As for criminals, they steal or buy black market, a black market this regime has added guns to.

    Government is the problem. Obama's gun bans do nothing to stop what is happening. Obama is not the solution. Maybe in your life but not mine.

    22 hundred gun laws on the books. Let the courts enforce them instead of letting people like Tuba mans killer lose.

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  • hpitantso wrote...
    Tougher
    February 3, 2013 9:50 pm
    King County Prosecutor Dan Satterberg is trying to change to get tougher, my young family member was shot point blank in head for being "accused" of drinking perp's mushroom tea. Perp had seven gun's at age 19 including AK-47 9mm and the 40 he used charge "Manslaughter" its legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder took plea after 2nd day of trial and after forcing Eyewitness testimony of fact to family. 9yrs without gun charge was the deal.
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