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Police: 12-year-old student can't be charged for bringing gun to school under new law

Anne Arundel County police officer nearly hit after pulling over car
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ANNAPOLIS, Md. — A 12-year-old Anne Arundel County student will face no criminal charges after allegedly bringing a handgun and ammunition to school Thursday.

Police blamed the decision on House Bill 459 that passed the Maryland General Assembly back in June of 2022.

The new law focuses on Juvenile Justice Reform and limits the prosecution of crimes committed by children under 13.

Under the legislation the Anne Arundel County State's Attorney's Office determined there were "no applicable charges" to file against the student.

The gun in question was discovered in the student's fanny pack at MacArthur Middle School in Ft. Meade.

RELATED: Gun discovered in student's fanny pack at MacArthur Middle School in AACO

Although no bullets were located in the chamber, a loaded magazine was inserted into the weapon. Additional ammunition was also located in the fanny pack.

In a letter to parents the school's principal said there was no indication that the student made any violent threats.

However several other students reportedly saw the gun prior to the teacher noticing it, but nothing was ever said.

Despite no criminal charges being filed, the school did say the student would face "swift and appropriate action" in accordance with the County's Code of Student Conduct.

The law, police say, hasn't just impacted this case but dozens of others in Anne Arundel County involving juveniles accused of crimes such as assault, arson, auto thefts, burglaries, drug charges, and sex offenses.

Police provided WMAR with a list of those incidents, a majority of them at schools, where juvenile suspects were located and identified, but unable to be charged due to restrictions in the law. The suspects in that list ranged anywhere from 4 to 12-years-old.

Delegate Luke Clippinger was the bill's main sponsor.

Leading to its passage, lawmakers considered this Racial Impact Equity note that analyzed juvenile intake numbers in 2020.

That year there were a reported 1,472 juvenile intakes under the age of 13. The study found that 72 percent of those juveniles were Black or African American.

In total 37 cases (84 percent Black or African American) ended in a court disposition resulting in some kind of detention, according to the note.

The State Legislature also cited the study's reasoning that "preteens have diminished neurocognitive capacity to be held culpable for their actions and also lack the ability to understand legal charges against them."