Starting Wednesday, any juvenile charged with committing a violent crime while possessing a firearm – regardless of whether they fire it – can be prosecuted in circuit court as an adult.
The change, tied to Senate Bill 2710, which the governor signed in April, is an expansion of current state law, which largely reserved circuit court for juveniles facing capital charges, with all other cases going to youth court.
While area officials believe the law is a step in the right direction when it comes to combatting youth gun violence, applying it fairly will require nuance from the court.
Either way, Columbus Police Chief Joseph Daughtry expects the change to be “an eye-opener” for juvenile offenders.
“Because so many people of certain (young) ages are thinking, ‘I commit a crime, I go to youth court,’” Daughtry told The Dispatch on Thursday. “I think the message (lawmakers) are trying to send is, you play big boy games, you got to play by big boy rules. But I hope that the court is also understanding that some kids do stupid things.”
The law specifically applies to any offense committed by a juvenile with a deadly weapon as well as misdemeanor charges, like carrying a concealed weapon, accompanied by a felony and specific firearm felonies, like possessing a gun on school property.
Separately, the law also raises penalties for selling, delivering or transferring a stolen firearm and makes repeat offenses a trafficking charge punishable by up to 15 years in prison. Transferring a stolen firearm to a minor specifically carries a penalty of 10 to 20 years in prison under the law.
Once juveniles are charged with the crime, rather than the case proceeding to youth court, it goes to the district attorney, who determines how to move forward.
Because youth court outcomes are secret, 16th Circuit District Attorney Scott Colom said he is uncertain of how the new law will affect circuit court as far as an increase in cases.
Regardless of how many new cases the court receives, Colom and Daughtry agreed applying the law fairly will require nuance and judgment case-by-case.
“We’re trying to discourage young people from having possession of guns, and we’ve got to be smart about it because you … need to make sure you focus on people that are causing chaos and harm in the community, and not people that maybe got caught up in a situation (where there are) alternatives (to prosecution) that could actually be more effective,” Colom said.
Colom said handling these cases will require the court to “look at the whole picture” and be open to finding ways to get youth offenders back on track.
Help from law enforcement in identifying who the frequent fliers are and who may have gotten caught up in the wrong situation will be key, he said.
“Law enforcement will tell you, ‘Hey, I’ve never heard this kid’s name before. He’s not somebody that’s been a problem,’” Colom said. “Or they can tell you alternatively, ‘This is somebody that’s been in juvenile court a lot. They’re not following the judge’s instructions. We’re constantly having to deal with them.’ … So we’ve got to address it differently.”
As for the firearm sale provisions in the law, Colom said the stiffer penalties could give investigators more leverage to trace where juveniles are getting guns in the first place.
Police Chief Mark Ballard expects that particular portion of the law to have a significant impact in Starkville.
“Like any community, we’ve been exposed to violence related to juveniles with guns,” Ballard told The Dispatch on Friday. “We have pending cases with that. But for the bill, per se, it provides a little more clarity on what our options are.”
Is it enough?
While he said the law is a strong step in addressing youth gun violence, Ballard said it would be more effective if it were paired with financial investment into juvenile infrastructure.
“It should expand options for juvenile courts, which would provide a significant relief to the public safety fears that this bill is intended to address,” Ballard said. “… While we’re appreciative of the bill, … unfortunately if we don’t address the undercurrent of juvenile investment in Mississippi, we’re going to continue to see the headlines, the tragedies on the daily news cycle.”
Oktibbeha County Court Judge Lee Ann Turner said many teenagers who commit violent crimes aren’t thinking about consequences because they’re reacting out of fear. For that reason, she’s not certain the threat of circuit court will stop a bad decision in the heat of the moment.
“If we can prevent kids from feeling like they need to carry a gun … that’s how we (help) them while they’re still in that vulnerable state of still having their brain developing,” she said.
Since it was established in 2023, Turner said the Oktibbeha County Youth Court has developed several strategies to decrease juvenile crime, including intervening when students are consistently missing school, hiring a full-time social worker and working with the MSU Extension Center to help parents build more trusting relationships with their children.
Additionally, Turner said having a positive adult role model can make a huge difference in a child’s ability to regulate their emotions and make rational decisions, a point both Ballard and Daughtry echoed.
“Hopefully (parents will) read (this story) and have these hard conversations with their kids,” Daughtry said. “A lot of these parents are not having this hard conversation.”
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Quality, in-depth journalism is essential to a healthy community. The Dispatch brings you the most complete reporting and insightful commentary in the Golden Triangle, but we need your help to continue our efforts. In the past week, our reporters have posted 33 articles to cdispatch.com. Please consider subscribing to our website for only $2.30 per week to help support local journalism and our community.
