Police Chief Kenny Hampton recently announced that his department would be confiscating weapons found on juveniles, holding them within his department and later using or selling the weapons.
But Youth Court Judge Betsy Cotton said Hampton does not have the authority to carry out his new initiative.
Cotton said if a juvenile is found with a weapon in their possession, that weapon is seized and placed into evidence. If the weapon is not registered, the weapon stays in evidence until the proper court procedures.
“If the weapon is not registered or the registered owner does not come forward, an order can be requested to me that the weapon be seized,” Cotton said. “A written request must be provided for me to issue a potential order to seize the gun.”
Simply seizing the weapon on the front end is a violation of a person’s rights, Cotton added.
Hampton also said any weapon found on a juvenile, even if the parent was unaware that the juvenile possessed it, would remain within his department.
However, Cotton said in those situations, the weapon would be returned to the parents or guardian. But repeat offenses are a different story.
“I would hope that it would be a wake-up call for the parent to put the weapon away,” Cotton said. “However, if it continues to be a repeat offense, then we will have a different conversation.”
