A Michigan man whose 2-year-old daughter shot herself in the head with his revolver last week pleaded not guilty after becoming the first person charged under the state’s new law requiring safe storage of guns.
Michael Tolbert, 44, of Flint, was arraigned Monday on nine felony charges including single counts of first-degree child abuse and violation of Michigan’s gun storage law, said John Potbury, Genesee County’s deputy chief assistant prosecuting attorney.
Tolbert’s daughter remained hospitalized Wednesday in critical condition from the Feb. 14 shooting, Potbury said. The youngster shot herself the day after Michigan’s new safe storage gun law took effect.
Doubt SCOTUS ever touches this.
The language matters A LOT: Michigan’s mirrors California’s, which would absolutely hold up to any constitutional challenge because it requires negligence with an adverse outcome. Michigan’s and California’s basically say you’re a criminal if two things are met: you had any plausible expectation of a child being around, AND something bad actually happens.
Every states are a little different, and at the other end of the intelligence spectrum are New Jerseys and New Yorks, and nobody even cared to challenge those yet. New Jerseys statute says you’re a criminal, regardless of circumstances, if the guns are not locked up per some collection of criteria at all times when you’re not actively accessing them. I do know that most of New Jerseys rare prosecutions are actual bullshit, for example a cop going door to door to gun owners because of some local crime, asking to see someone’s gun to check it and not liking that the safe in the room he was in when they showed up was not completely locked (never mind he lives alone). Expect any challenge to arise there.
If SCOTUS does throw out all storage laws, it’ll be because of politicians who care more about their resume than about writing really good laws.
IIRC there’s already a storage law being challenged, I can’t remember if it’s California or somebody else. CA also has the magazine size ban.
I’m sure there’s every kind of law being challenged, anyone with a conviction can challenge a law and any idiot city council can pass garbage statute. Don’t let political rhetoric cloud judgement (can’t say “common sense” because common sense actually ignores deep analysis). Magazine size ban is wildly different from California’s implementation of a safe storage law. Magazine bans are as constitutional as would be a law limiting the number of words you may post online in one go.
The “common sense gun law” thing was just stupid. Remember when they were arguing to block people on the no-fly list from buying guns?
Despite the fact that there’s no due process for the no fly list and none of the shooters were actually on the no fly list…
“It’s common sense!” 🤔