Police seized a semi-auto handgun and ammo from three O.C. middle school students

On May 12, 2025, police officers responded to Vista View Middle School regarding a report of a student possibly in possession of a firearm, according to the Fountain Valley Police Department.

Three 6th grade students were detained in connection to the incident. A search of their backpacks led to the discovery of a semiautomatic handgun and ammunition.

Preliminary investigation indicates this was not an active shooter incident. It appears to be an isolated event, and there is no ongoing threat to campus safety.

Out of an abundance of caution, the FVPD will maintain an increased presence at the school in the coming days to ensure the continued safety of students, staff, and families.

FVPD remains deeply committed to protecting our schools and community. As always, if you see something, say something.

**Per Welfare and Institutions Code Sections 827 and 828, law enforcement is prohibited from disclosing the name of juveniles involved in criminal investigations or discussing juvenile investigations**

The penalties for three middle school students caught with a semiautomatic handgun and ammunition at a school in Fountain Valley, CA, will be handled within the juvenile justice system. This system is distinct from the adult criminal justice system and focuses on rehabilitation and the best interests of the child.  

Here’s a breakdown of the potential legal and school-related consequences:

Legal Consequences (Juvenile Justice System):

• Arrest and Detention: The students would likely be arrested by the Fountain Valley Police Department and could be detained at a juvenile hall, depending on the circumstances and the policies of the Orange County Juvenile Probation Department.
• Petition Filing: The District Attorney’s office would likely file a petition in juvenile court alleging violations of California law. Potential charges could include:
  • Possession of a Firearm on School Grounds (California Penal Code § 626.9 or § 626.10):
    • Possession of a firearm in a school zone (within 1,000 feet of a school) is a serious offense under PC 626.9, California’s Gun-Free School Zone Act. It can be charged as a felony, especially if the firearm is loaded or concealable. Penalties for a felony conviction can include several years in state prison if the minor is tried as an adult (see below). In the juvenile system, the equivalent could be placement in a juvenile facility.  
    • PC 626.10 prohibits bringing specific weapons onto school grounds, including firearms. This can be charged as a misdemeanor or a felony (“wobbler”). A felony conviction in adult court carries up to three years in state prison. In the juvenile system, this could lead to probation, community service, or placement in a juvenile facility.  
  • Possession of Ammunition on School Grounds: This could be charged in conjunction with the firearm offense.
  • Conspiracy (California Penal Code § 182): If the students acted together to bring the firearm and ammunition to school, they could face conspiracy charges.
• Juvenile Court Process:
  • Detention Hearing: A judge will determine if the students should remain in custody while the case is pending.
  • Jurisdictional Hearing (Trial): The court will determine if the allegations in the petition are true. Juveniles do not have the right to a jury trial in California juvenile court.  
  • Dispositional Hearing (Sentencing): If the court finds the petition to be true, a dispositional hearing will be held to determine the consequences. These could include:
    • Probation: Formal or informal supervision by a probation officer with specific conditions (e.g., counseling, community service, maintaining good grades).
    • Deferred Entry of Judgment: If the students meet certain criteria, they might be placed in a program, and the charges could be dismissed upon successful completion.
    • Placement: In more serious cases, the court could order the students to be placed in a foster home, group home, or a juvenile detention facility (camp or ranch).
• Transfer to Adult Court: In very serious cases, depending on the age of the students (typically 14 or older) and the nature of the offense, the prosecution could seek to transfer the case to adult criminal court. If tried and convicted in adult court, the penalties would be significantly harsher, as outlined above for PC 626.9 and PC 626.10.

School Consequences (Fountain Valley School District Policies):

• Expulsion: The school district will likely initiate expulsion proceedings. California Education Code mandates expulsion for possessing a firearm at school.
• Long-Term Suspension: Even if not expelled, the students would face a significant long-term suspension.
• Loss of Privileges: Participation in extracurricular activities and other school privileges would likely be revoked.
• Impact on Future Education: An expulsion on their record can make it difficult to enroll in other schools.

Factors Influencing Penalties:

• Age of the Students: Younger students might be viewed as less culpable and the focus might be more on rehabilitation.
• Circumstances of the Offense: Why did they bring the gun to school? Was it displayed or threatened? Was it loaded?
• Prior Record: Do the students have any prior involvement with law enforcement or school disciplinary issues?
• Cooperation with Authorities: Are the students and their families cooperating with the investigation?
• Mental Health Evaluations: The court may order psychological evaluations to understand the students’ motivations and needs.

Art Pedroza Editor

Our Editor, Art Pedroza, worked at the O.C. Register and the OC Weekly and studied journalism at CSUF and UCI. He has lived in Santa Ana for over 30 years and has served on several city and county commissions. When he is not writing or editing Pedroza specializes in risk control and occupational safety. He also teaches part time at Cerritos College and CSUF. Pedroza has an MBA from Keller University.

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