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submitted 9 months ago by MicroWave@lemmy.world to c/news@lemmy.world

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.

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[-] adhdplantdev@lemm.ee 47 points 9 months ago

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

[-] GBU_28@lemm.ee 24 points 9 months ago

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.

[-] Gork@lemm.ee 7 points 9 months ago

We need an Al Gore like figure who can charismatically drone on about needing a "Locked Box".

[-] jordanlund@lemmy.world -3 points 9 months ago

They already have, see the Heller decision cited above.

[-] ShepherdPie@midwest.social 10 points 9 months ago

Doesn't seem much different than a parent getting charged when their kids find their stash of drugs and consume them or take them to school.

[-] asteriskeverything@lemmy.world 9 points 9 months ago

It isn't. But the freedom to own guns without any sort of restriction is much more loudly, enthusiastically, and financially supported than the freedom to consume drugs in your own home.

And thus it won't matter that the key thing is being irresponsible. Being irresponsible with guns and drugs in the home are completely different things in the Modern Republican mind.

[-] CaptainProton@lemmy.world 1 points 9 months ago

Not to mention both major parties are anti-drug, no matter that conservative originalism would have long ago recognized that the founding fathers were all stoners, but both parties packed the court with their own flavors of authoritarians.

[-] jordanlund@lemmy.world 6 points 9 months ago

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.

[-] JustZ@lemmy.world 5 points 9 months ago

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.

[-] jordanlund@lemmy.world 1 points 9 months ago

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.

[-] HeyThisIsntTheYMCA@lemmy.world 2 points 9 months ago

They'd never grant hunter biden cert. They'll wait for someone else to raise the point.

[-] ArcaneSlime@lemmy.dbzer0.com 3 points 9 months ago* (last edited 9 months ago)

This isn't preventing him from getting a firearm

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.

[-] adhdplantdev@lemm.ee 3 points 9 months ago

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.

[-] ArcaneSlime@lemmy.dbzer0.com 1 points 9 months ago

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.

this post was submitted on 21 Feb 2024
671 points (98.6% liked)

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