Baker, J.
The juvenile court entered true findings that J.R. was delinquent for committing acts that would be dangerous possession of a firearm and carrying a handgun without a license, had they been committed by an adult. J.R. appeals, arguing that the police, when conducting a pat-down search, violated his rights under the United States and Indiana Constitutions to be free from unreasonable searches and that the dual adjudications violate double jeopardy principles. Finding that the pat-down search did not violate his rights, but that the adjudication for carrying a handgun without a license must be vacated, we affirm the adjudication for dangerous possession of a firearm, vacate the adjudication for carrying a handgun without a license, and remand with instructions.
….
On January 13, 2017, the State filed a petition alleging that J.R. had committed dangerous possession of a firearm and carrying a handgun without a license, both Class A misdemeanors if committed by an adult. A factfinding hearing took place on February 9, 2017, after which the juvenile court entered true findings on both allegations. On March 14, 2017, a dispositional hearing took place, and the juvenile court placed J.R. on probation with a suspended commitment to the Department of Correction. J.R. now appeals.
….
Here, the circumstances supported Officer Snow’s belief that his safety or that of others was in danger when he conducted the second pat-down search. …
….
In sum, the second pat-down search did not violate J.R.’s rights under the United States or Indiana Constitutions, and the juvenile court did not err in admitting the seized gun into evidence.
J.R. next contends that his adjudications for dangerous possession of a firearm and for carrying a handgun without a license violate double jeopardy principles under both the double jeopardy clause of the Indiana Constitution and common law protections. The State alleged and proved that J.R. possessed only one handgun, and that same gun supported both adjudications. The State concedes on this issue, and the parties agree that the adjudication for carrying a handgun without a license should be vacated.
We agree that the adjudication for carrying a handgun without a license should be vacated, but for different reasons. Indiana Code section 35-47-2-1(a) states in relevant part that “a person shall not carry a handgun in any vehicle or on or about the person’s body without being licensed under this chapter to carry a handgun.” Under that same chapter, Indiana Code section 35-47-2-3(g)(3) states that “[a] license to carry a handgun shall not be issued to any person who . . . is under eighteen (18) years of age . . . .”
With respect to minors, Indiana Code section 35-47-10-5(a) states that “[a] child who knowingly, intentionally, or recklessly possesses a firearm for any purpose other than a purpose described in section 1 of this chapter commits dangerous possession of a firearm . . . .” (Emphasis added.) Within that chapter, Indiana Code section 35-47-10-3 defines “child” as “a person who is less than eighteen (18) years of age.”
In other words, Indiana Code section 35-47-2-1 applies only to adults who possess handguns without a license, and as a matter of law, a person under the age of eighteen is not eligible for such a handgun license. Instead, a person under the age of eighteen, such as J.R., who possesses a handgun for any unauthorized reason commits, and only commits, dangerous possession of a firearm. As a result, a double jeopardy violation cannot exist in the circumstances presented here because Indiana Code section 35-47-2-1, which governs the offense of carrying a handgun without a license, applies only to adults, and Indiana Code section 35-47-10-5, which governs the offense of a child in dangerous possession of a firearm, applies only to minors. The statutes, therefore, cannot be simultaneously violated. And because a minor cannot be adjudicated delinquent under Indiana Code section 35-47-2-1, J.R.’s conviction for carrying a handgun without a license must be vacated. We remand to the juvenile court with instructions to vacate J.R.’s adjudication for carrying a handgun without a license and resentence if needed.
The judgment of the juvenile court is affirmed in part, reversed in part, and remanded with instructions.
Najam, J., and Altice, J., concur.