No charges likely after student brought loaded gun to Lincoln elementary school

LINCOLN, Neb. (KLKN) – The student who brought a loaded firearm to Prescott Elementary School last week won’t be facing any legal trouble, but that may not be the end of the story.

Lincoln Public Schools said a fifth grade student showed the gun to another student and made concerning comments about violence.

In a statement, LPS said the student would be facing legal consequences.

But Lancaster County Attorney Pat Condon said otherwise.

“Due to the statutory requirements in this case and the age of the child, there’s just nothing that we would be able to do,” he said.

Condon said Lincoln Police cited the 10-year-old boy who brought the handgun to school with four felonies, including terroristic threats, use of a weapon to commit a felony, unlawful possession of a firearm at a school and possession of a handgun by a minor.

But state laws won’t allow authorities to prosecute anyone under age 11.

He said there are other ways they could continue with the case.

“I mean, there’s things we could look at potentially for the parents, depending on how the gun was stored, anything of that nature,” Condon said. “Then maybe there’s a neglect type of charge we could look at for the parents.”

But Condon said police haven’t yet found evidence that the parents’ actions would be considered neglect.

“Hypothetically, if the parents had a gun and they left it sitting out on the TV tray or out in the open on the table where the child could take the gun and take it to school, then there may be something there where the parents are not properly storing the gun,” he said. “But like I said, thus far in this investigation, we haven’t found that to be the case.”

Condon said this is a unique case for him, and he hasn’t had to deal with many situations like this one with such a young individual.

He said for any parents who own guns, this can be a lesson to help keep schools and children safe.

“We have very responsible gun owners, and they just need to make sure the guns are secure and that the children do not have access to them,” Condon said. “I think you have to keep in mind that if you have young children, they’re probably going to be inquisitive, so hiding it may not always work. And you really do need to make sure that it’s always secure.”