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.
Well, that depends on what you mean. If you mean “it would still be possible for him to illegally acquire or make a firearm,” yes. In fact it looks like he was already a felon in possession (or prohibited possessor) before this incident, clearly this specific guy can get guns regardless of the law.
But if you mean “this does nothing in a legal sense to bar him from arms possession,” actually being indicted on a felony count will pop up on NICs if it has been entered properly, and if it isn’t input properly and he does a 4473, he now has another felony count for lying on the form. Once this conviction hits, it’ll be added to the list, so his prior felony convictions for drugs/firearms related stuff and his felony conviction for safe storage will flag in NICs, this guy will never legally be able to buy a gun again.
Like I said though, “legal” and “possible” are two very different things, just depends on what we mean.
The point I was addressing is that the supreme Court shouldn’t strike this law down as it doesn’t affect ownership of guns. If the guy’s a felon he probably should not have had a firearm but I can understand why he would want one.
Oh my mistake. Imo they may depending on the law if it significantly hinders (or can be argued that it does in court, anyway) home defense, but if the law is built in a way that allows people to have one out on body like Oregon’s (iirc) it’ll probably stand, only time can tell really.
But yeah he was a felon before these new felony charges it seems, wasn’t allowed to even have this gun lol, and won’t be allowed future ones.
I can understand why felons would want one too, and imo nonviolent felons should have a path back to their rights (both bullets and ballots), especially since that law is actually a tad racist. That said, this guy shouldn’t have them because of his criminal negligence.