US father charged after 2-yr-old shoots self: Michigan's new gun law explained

A Michigan man has become the first to be charged under the state’s new gun law after his two-year-old daughter shot herself in the head with his revolver.

Michael Tolbert, 44, from Flint, was charged with nine felony counts including violating Michigan’s gun storage law and child abuse in the first degree.

Tolbert’s daughter remains hospitalised in critical condition from the 14 February shooting. The toddler shot herself the day after the new safe storage gun law took effect.

This comes a week after a Michigan jury convicted a shooter’s mother of involuntary manslaughter, making her the first parent in the US to be held responsible for a child carrying out a mass school shooting.

Gun accessibility was an issue in the trial and investigators say Jennifer and James Crumbley failed to properly secure the gun.

James Crumbley faces trial on the same charge next month in the 2021 shooting at Oxford High School that killed four students.

But what do we know about the law? And what about the state’s problem with guns?

Let’s take a closer look:

What we know about the law

According to Michigan.gov, the law is entitled the Public Act 17 of 2023.

It mandates that guns be kept unloaded and locked – either in a device or a box or container – if a minor is present on the premises.

The law holds individuals responsible for minors gaining possession of the firearm.

It says they will be liable under Public Act 16 of 2023 if:

A minor holds or shows off the firearm in a public space or in the company of another person in a careless, reckless or threatening manner – this mandates a prison term of up to three months and a fine of up to $500 or both.

If a minor fires the weapon and hurts themselves or someone else – this mandates a prison term of up to five years, a $5,000 fine or both.

If a minor fires the weapon and seriously hurts themselves or someone else – this mandates a prison term of up to 10 years, a $7,500, fine or both.

If a minor fires the weapon and kills themselves or someone else – this mandates a prison term of up to 15 years, a $10,000 fine or both.

The law went into effect on 13 February – the one-year anniversary of when a gunman entered a classroom at Michigan State University leaving two students dead and others critically wounded.

Tolbert, who also faces one count each of felon in possession of a firearm, felon in possession of ammunition, lying to a peace officer in a violent crime investigation and four counts of felony firearm, entered a not guilty plea Monday.

Tolbert is barred from possessing firearms and ammunition because he has multiple firearms-related felony convictions and drug-related convictions.

Tolbert was being held at the Genesee County Jail on bond amounts totaling $250,000, according online court records.

He became the first person charged with violating the law.

Genesee County Prosecutor David Leyton said at a news conference Tuesday announcing the charges against Tolbert that the law “went into effect one week ago today. This incident occurred the very next day.”

Flint police learned of the shooting after Tolbert took the girl to a hospital. Officers found two guns in the bedroom of the man’s home: a revolver used in a the shooting and a semiautomatic pistol. Both were unsecured and loaded.

Police said they found no gun locks or safes in the bedroom.

Tolbert’s next hearing is a 29 February probable cause conference.

A court employee said Tolbert would be assigned a public defender but directed calls to the county’s chief public defender. A message was left Wednesday with the chief public defender by The Associated Press asking for the name of Tolbert’s attorney.

Because Tolbert is a habitual offender, he could receive an enhanced prison of up to life in prison if he’s convicted of failing to safely store his firearms.

Tolbert also could face up to life in prison if he’s convicted on the first-degree child abuse charge.

Michigan’s gun problem

Firearms in 2020 were the number one cause of death for children in both Michigan and the United States.

This was more than deaths in car accidents and other injuries

More than half of suicide deaths in the state also include firearms.

According to the Centers for Disease Control and Prevention, 67 per cent of unintentional firearm injury deaths among kids occur when weapon was being toyed with or shown off.

In 76 per cent of cases, weapons were left unlocked.

Ninety-one per cent of such weapons were loaded.

Weapons were most frequently taken from a nightstand or other sleeping areas (30 per cent).

Experts say storing weapons securely can stop suicide.

“Firearm violence is preventable, and a leading cause of death in our young people,” said Dr Bagdasarian, chief medical executive. “In Michigan, and across the United States, childhood deaths from firearms now exceed deaths from pediatric cancers and drownings. We have had major success over the past decades in reducing pediatric deaths from motor vehicle accidents, and we need to harness the same public health approach - including education and community outreach - to help keep Michigan children and families safe from firearm violence.”

“We want to make sure Michigan families are aware of the new law designed to prevent unintentional deaths involving guns and how to comply with the new requirements,” Elizabeth Hertel, MDHHS director was quoted as saying. “Data shows firearms involved in unintentional firearm injury deaths among children and adolescents were often stored both loaded and unlocked, and children were most often fatally injured when the shooter was playing with or showing the firearm to others.”

“As the top law enforcement officer in the state of Michigan, as a former Wayne County prosecutor and as a mother, I too am exasperated and deeply saddened that thousands of Michigan residents fall victim each year to the scourge of senseless, preventable gun violence in our state,” said Attorney General Dana Nessel.

“I am proud that our state has finally implemented new commonsense gun safety measures and am committed to using the resources of my office to educate residents about the new measures and support our communities through implementation.”

Experts say people need to take gun safety seriously.

“It’s like a pool in your backyard. You got to be responsible for the pool. You got to be responsible for your car keys, you got to be responsible for your gun,” Glenn Duncan, the owner of Duncan’s Outdoor Shop in Bay City, was quoted as saying by Wnem.com.

“On May 13, we hope that we can get back on that program and really get people looking at gun locks gun safety boxes. If you’re going to have any guns at home with kids, we all understand kids. They’re inquisitive. And so, you want to be able to lock it up properly and keep your kids safe just like you do everything else in your house,” Duncan added.

With inputs from agencies