Shooter's Mother. Criminal Liability?
She could if she had any kind of guardianship over him, or if he was declared incompetent.
@airportwoman
Maybe you've found info in MI statutes supporting conclusion that shooter's mother may be criminally liable. (With or without appointment as guardian for him?) IDK.
From a quick search of MI. statute, I'm not seeing a section indicating CRIM. liability, at least not in the couple sections linked below.
But under MI. "Extreme Risk Protection Order Act" aka "Red Flag Law" which took effect in Feb. 2024, it MAY have been poss for a fam. member (like his Mother) to petition for a judge "to issue an extreme risk protection order (ERPO) to confiscate firearms from individuals who pose a threat to themselves or others." < per website below.
Text of law also linked below.
Possible CIVIL liability is a different issue.
On the face, preventing these tragic situations seem so straightforward but IRL are so difficult to avert.
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- Explanation on Gifford's.org re MI. 2023 "Child Access Prevention" statute, criminal offense re individual (not just parent) leaving a firearm unattended where a MINOR is present or likely to be present, but fails to safely store it.
Research Michigan state laws on child access prevention and safe storage, including what's regulated and what's not. Learn gun law details from Giffords Law Center to Prevent Gun Violence.
giffords.org
- Text of 2023 MI. statute.
28.429 "Firearm; safe storage requirements; penalties if minor obtains firearm; exceptions; ... Sec. 9."
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MCL - Section 28.429 - Michigan Legislature
- Another MI. law imposing crim liability on parent re MINOR w firearm in "weapon free school zone."
750.235a "Parent of minor guilty of misdemeanor; conditions; penalty; defense; definitions."
- MI. "Extreme Risk Protection Order Act" (Red Flag law)
Several new gun laws concerning storage, possession and purchasing firearms go into effect Tuesday. Exactly one year ago, a mass shooting on Michigan State University’s East Lansing campus resulted in the deaths of three students and serious injuries for five others. In response to the tragedy...
michiganadvance.com
- Text of law available at page 110: