Q: My almost 17 year old says that we can't take his personal property away from him. He says that it is illegal.
He got suspended twice for bringing knives to school. After the second time we confiscated all his knives and told him he could have them back either when he turns 18 or when we deem him responsible enough to have knives. He swears that we are violating the law by keeping his property from him and that we need to pay him for the knives or return the knives to him. Most of the knives he bought with his own money. I would like to be able to show him legally that what we did is within the law.
A:
This is a bit of a grey area. If they where largely purchased by the minor (or provided as gifts), the items are his personal property. As parents and homeowners you are allowed to restrict access to the knives on a temporary basis. Be aware you are likely assuming legal responsibility of a bailee if you confiscate the knives (that is you have a legal duty to protect, not damage, and not sell the property).
The grey area relates to the rights of the property owner versus parental powers for punishment and to ensure safety. There is really not case law or statutes that directly answer this question (mostly because it is a rare minor that can afford to hire a lawyer and litigate). Since you are not contemplating destroying or otherwise permanently preventing access to the knives, we don't need to discuss the outer limits of what a parent can do to a minor's personal property.
A temporary confiscation is neither unreasonable nor appears to be an excessive exercise of parental powers. However, I would recommend that you protect/preserve the knives (this is legally the safest approach and is also the fairest approach). Lastly, at 18 (or legal emancipation) the knives should be returned because the legal right of a parent to exercise parental powers is effectively terminated at majority (whether familiar pressure can assert the same powers over adults in another issue...).
A: This is not really a family law question, but rather a criminal question. You should repost it for criminal attorneys to review. That being said, as the parents, you have the legal right to confiscate your kids property as discipline. Not sure that there would be a specific statute tied into this?
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