Teen gun violence on the rise, WA state law under scrutiny

Name: Calls for change in WA law amid rise in youth gun possession
Uploaded: 2024-07-31T18:05:12-07:00
Description: The increase in gun violence committed by teens is at an all-time high in Washington, according to prosecutors and police.

Calls for change in WA law amid rise in youth gun possession

The increase in gun violence committed by teens is at an all-time high in Washington, according to prosecutors and police.

KING COUNTY, Wash. - Gun violence among teenagers has reached an all-time high across the state, according to prosecutors and police.

Three teens accused of flashing guns at the Chinatown Seafair Parade are at home on electronic monitoring.

Last Friday, FOX 13 News reported one of the teens was on electronic monitoring while two others were being kept in custody to prevent them from going to the Torchlight Parade.

Now that the parade has passed, all three are home.

Each of the teens is facing charges of unlawful possession of a firearm. They have all pleaded not guilty.

Under state law, Title 13 classifies gun possession as a Class ‘C’ violation, leaving punishment up to local judges. The maximum penalty is 30 days of local detention or supervision, like electronic monitoring, until a fifth offense. Only then can a juvenile be held in a state facility. Prosecutors are concerned, noting that the law hasn’t changed in nearly 50 years.

"People look at that and say, ‘That's just the liberal prosecutors in King County.’ It's not. It's the state law," said Casey McNerthney with the King County Prosecutors Office. "It doesn't matter if you're a prosecutor in Seattle to Walla Walla."

According to Title 13 RCW, juvenile depositions are strictly regulated, with specific guidelines for sentencing based on the offender's criminal history.

Former Seattle Police Chief Sue Rahr expressed her astonishment at the law, noting that it takes five convictions before a juvenile can be held in detention.

"The fact that we have so many juveniles carrying firearms and using firearms is an area that I need to educate myself in right now. It’s not surprising," said Rahr. "What I’ve heard is it takes five convictions before they’re actually held in detention. That’s astounding to me, that is absolutely frightening to me. And I think that’s something we need to pay close attention to."

State law allows for a maximum of 30 days in a local youth facility for a first-time gun possession conviction. This sanction can include up to 12 months of community supervision, up to 150 hours of community restitution, and/or a fine of up to $500. Subsequent offenses up to the fourth conviction still result in a maximum of 30 days of local detention.

"Imagine you have a teen who has an illegally possessed gun, and they're caught with that — police send that to prosecutors, prosecutors get a conviction, the most that teen can get is 30 days in a local youth facility," McNerthney said.

The process repeats itself for a second, third and fourth conviction.

"It’s only after five unlawful gun possession convictions that the teen can go to juvenile rehab at the state level," McNerthney said.

Prosecutors in King County are advocating for changes in state law.

"That’s something that prosecutors in King County want changed in state law. I think a lot of people, not just prosecutors, but any reasonable gun owner, too, would look at that and say we don’t want a kid to have four illegally possessed guns before they have more than 30 days of local detention," said McNerthney.

The statistics are alarming. As of June 24, 15 teenagers have been shot and killed in King County, according to the medical examiner. Prosecutors report charging more homicide cases involving teen victims this year than in previous years.

Sgt. Darren Moss of the Pierce County Sheriff’s Office echoed these concerns.

"If the laws aren't working, people are seeing that kids are getting out over and over again and that the punishments don't fit the crimes or there's not enough rehabilitation programs, then we need to act immediately," said Sgt. Darren Moss of the Pierce County Sheriff's Office. "Because if we see there's a lapse, and that releasing kids too early or not having any punishment at all is part of the problem. It's only going to make it worse. It's already bad everywhere else in the country. We don't want to start taking the lead on any of those statistics, as well."

This issue comes as King County debates the future of its juvenile detention center. King County Executive Dow Constantine advocates for a ‘no cells, no lock’ approach, while council member Reagan Dunn previously filed a motion in April to keep the facility open.

A full council vote on the facility’s future could take place as soon as Aug. 20.