LPS elementary student who brought loaded gun to school won’t face criminal charges

Lincoln Police were called to Prescott Elementary School after a student allegedly brought a gun to the school.
Published: Feb. 28, 2023 at 3:41 PM CST
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LINCOLN, Neb. (KOLN) - The fifth grader who brought a loaded handgun to Prescott Elementary School in Lincoln on Friday won’t face criminal charges. That’s because he’s only 10-years-old and Nebraska state law prevents anyone younger than 12-years-old from being charged with a crime.

The Lincoln Police Department had referred the boy to the Lancaster County Attorney’s office for terroristic threats, use of a weapon to commit a felony, unlawful possession of a firearm at school and possession of a firearm by a minor.

Lincoln Police are currently investigating how the boy got access to the loaded handgun and his motive for bringing it to school.

County Attorney Pat Condon said theoretically the boy’s parents could still be charged in this case for neglect if they left the gun laying out for the boy to easily find or for a weapons offense if they are not legally allowed to own a gun. However, Condon said so far the investigation hasn’t revealed any of those findings.

On Friday, LPS Superintendent Dr. Paul Gausman said a student approached a Prescott Elementary staff member and reported another student had shown them a gun and made “concerning comments about violence” toward them.

Gausman said staff immediately took the backpack to the school’s office and called police, who found a loaded handgun inside.

Gausman said because the situation was handled within minutes, they didn’t have to use any of their Standard Response Protocols, meaning the school day wasn’t disrupted, though there was a police presence throughout the afternoon.