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re: Charges against parents of Michigan school shooter

Posted on 12/3/21 at 10:39 am to
Posted by Music_City_Tiger
Nashville, TN
Member since Feb 2018
1087 posts
Posted on 12/3/21 at 10:39 am to
quote:

I am as big of a defender of the 2nd Amendment as anyone. With that being said, the right to bear arms comes with great responsibility. That responsibility includes securing firearms in a way that prevents them from falling into the unsupervised hands of children, mentally ill, etc. While I don't believe the shooter's parents should be vicariously liable for the murders, they probably should be charged with some form of negligent handling/storage of a firearm. Now my opinion may change if facts show the parents knew their child was disturbed/had sinister plans and still allowed access to the firearm. Will be interesting to see what ultimately they will be charged with.


Please cite that statute.
Posted by BigDawg0420
Hamsterdam
Member since Apr 2010
7398 posts
Posted on 12/3/21 at 10:44 am to
quote:

Please cite that statute.


MCL 752.861 seems to be on point.

quote:

Careless, reckless or negligent use of firearms; penalty.


Any person who, because of carelessness, recklessness or negligence, but not wilfully or wantonly, shall cause or allow any firearm under his immediate control, to be discharged so as to kill or injure another person, shall be guilty of a misdemeanor, punishable by imprisonment in the state prison for not more than 2 years, or by a fine of not more than $2,000.00, or by imprisonment in the county jail for not more than 1 year, in the discretion of the court.


It really depends how you define "immediate control".
Posted by Indefatigable
Member since Jan 2019
26656 posts
Posted on 12/3/21 at 10:50 am to
quote:

negligent handling/storage of a firearm
quote:

Please cite that statute.


Michigan Penal Code 752.861:
quote:

Careless, reckless or negligent use of firearms; penalty

quote:

Any person who, because of carelessness, recklessness or negligence, but not wilfully or wantonly, shall cause or allow any firearm under his immediate control, to be discharged so as to kill or injure another person, shall be guilty of a misdemeanor, punishable by imprisonment in the state prison for not more than 2 years, or by a fine of not more than $2,000.00, or by imprisonment in the county jail for not more than 1 year, in the discretion of the court.


I'm not saying that charge would stick to the parents, but the statutes covering that type of thing certainly exist in MI.
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