CHARLOTTE, N.C. — A historic ruling after Jennifer Crumbley, the mother of a Michigan school shooter, was found guilty of involuntary manslaughter.
No other parents in the U.S. have ever been found guilty of that charge in connection to a school shooting that their child committed. Last year, a Virginia mother was sentenced to two years in prison after her son shot his teacher. However, the mother in that case was charged with child neglect.
THE QUESTION:
In North Carolina, can parents be held responsible if their child is an active shooter at a school?
OUR SOURCES:
THE ANSWER:
Yes, in North Carolina parents can be held responsible if their child is an active shooter at a school.
WHAT WE FOUND:
There are no child access prevention laws at the federal level and federal law does not generally require gun owners to store their guns safely, according to the Gifford's Law Center.
However, there are laws in 26 states that bar parents from allowing children access to guns. North Carolina is one of those states.
"The responsibility with the firearm is to keep it secure and keep it away from minors and keep it away from someone who cannot be harmed," Mauney said.
Child-access prevention laws, also called "cap" laws, allow prosecutors to bring charges against adults if a child gets their hands on a gun.
According to Gifford's Law Center, North Carolina law holds a parent or legal guardian liable if a minor brings a gun to school and shoots someone if the parent or guardian:
Knew or should have known of the minor’s likelihood to commit the act;
Had the opportunity and ability to control the minor and
Made no reasonable effort to correct, restrain, or properly supervise the minor.
Mauney said parents in North Carolina could potentially be charged with involuntary manslaughter, elevating the charge to a felony.
If an adult makes a weapon available to any minor who has expressed tendencies could be charged with involuntary manslaughter, which is a felony in North Carolina, according to Mauney.
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