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.
It will get challeged to the Supreme Court and struck down.
https://supreme.justia.com/cases/federal/us/554/570/
“In sum, we hold that the District’s ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense. Assuming that Heller is not disqualified from the exercise of Second Amendment rights, the District must permit him to register his handgun and must issue him a license to carry it in the home.”
This isn’t preventing him from getting a firearm this is charging somebody with improper storage of a firearm. Not sure how likely it is the supreme Court will rule against it but it’s different than the laws challenged so far
Theses fucks are going to suggest that any mandate on how a person keeps their gun (as in in a box, in a safe, etc) is a restriction on their rights.
We need an Al Gore like figure who can charismatically drone on about needing a “Locked Box”.
They already have, see the Heller decision cited above.
As a felon, legally, they couldn’t get the gun in the first place but that’s not going to stop a lot of felons.
It’s also not going to stop the Supreme Court from striking that down, too.
The money and power behind the GOP want us out here killing each other.
That’s actually one of the angles on the Hunter Biden firearms case… it will be interesting to see how far they’re willing to go.
They’d never grant hunter biden cert. They’ll wait for someone else to raise the point.
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.
Where does the 2A say anything about “immediate self-defense”? Oh that’s right, no where. Fuck SCOTUS
In the context of the second amendment what do you think the word bear means? I’m not convinced that this law would violate what I think bear means. If it’s not on or near your person, I don’t mind it needing to be locked.
The word “bear” means whatever SCOTUS says it means. Much like “arms.” And “right.” And “infringed.” And “A well regulated Militia, being necessary to the security of a free State.”
And fuck whoever decided these posts fall under the definition of “speech” too, right? Right?
My god this is a shitty take.
Except these posts don’t fall under free speech
Sure they do. I can make whatever criticisms of the government that I want and they can’t prosecute me for it. Look how Russia and China handle online criticism.
‘scuse me? you just drop in from a different conversation?
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!” 🤔
They did leave some wiggle room which has allowed the law here in Washington to stick around. Basically if there is a reasonable possibility that a person who is not allowed to handle firearms would have access to them, you can apply restrictions. Guns here have to either be on your person or locked if there is a possibility that your kids could access them.
That’s the primary thing that’s going to send this guy away… felon in possession.