Under Michigan's gun storage law that took effect last year, gun owners are required to keep unattended firearms unloaded and locked with a locking device or stored in a locked box or safe if it's "reasonably known that a minor is likely to be present on the premises." There are some exceptions, though, including if a minor obtains a firearm with the permission of their parents or guardian; uses or possesses the firearm while under the supervision of their parent, guardian, or any individual who is 18 years of age or older and who is authorized by the minor’s parent or guardian; and uses or possesses the firearm during the minor’s employment, ranching or farming, or target practice or instruction in the safe use of a firearm.
At least two of those conditions were met when a 14-year-old gained access to his mother's pistol in order to fend off coyotes on his family's property last month, but proseuctors in Saginaw County have still charged Rachel M. Esckelson with a felony after her son accidentally shot himself with the gun. The case raises serious questions about prosecutorial overreach, as well as the underlying storage law itself.
The teen took to the stand during his mother’s March 18 preliminary examination before Saginaw County District Judge Terry L. Clark. He testified that the evening of Feb. 8 he, his sister, and brother were at their home in the 3000 block of North Towerline Road. His 19-year-old sister took their three small dogs outside. Moments later, she frantically rushed into his bedroom and told him there were coyotes about, he testified.The family kept a 10-gun safe in the teen’s room. His sister used a key to open it, from which the boy retrieved a .380 pistol and a magazine. He loaded the gun, put on a pair of cowboy boots, and walked onto the back porch with his sister, who led the way with a flashlight, he said.The boy slipped on ice when he was a few steps from the door and fell to the ground, the gun discharging in the process, he said.“I’m not sure if I pulled the trigger or I dropped it and it went off,” he said.The bullet hit the teen’s left leg though he didn’t realize it at first, attributing this to adrenalin.“I didn’t know what was happening so I got up and went inside,” he said.On discovering his injury, the teen sat down while his sister used his belt to make a tourniquet around his leg, he said. His sister called their mom, who was at work nearby. She came home and drove her son to a local hospital for treatment.
Thankfully, the teen's injuries weren't life threatening and he's already made an almost complete recovery. Esckelson, however, could be looking at years in prison despite the fact that she kept her guns under lock and key and the teen's adult sister gave him access to the firearm.
Questioned by defense attorney Alan A. Crawford, the boy expressed a deep knowledge of firearms, saying he was instructed in them “by a supportive parent” and from watching YouTube videos. He said the gun safe had two keys, which were always in the possession of his mom or older sister. He could not access the guns without their permission, he said.He added he went outside with the pistol as he was afraid what the coyotes would do to his dogs, saying they had recently killed one of his family’s chickens.“The coyotes are way bigger than our dogs,” he said. “We fear the dogs could get eaten by the coyotes.”
So, if the teen had permission to access the firearm (and in fact an adult was the one who opened the safe so he could retrieve the pistol) and intended to use the firearm under the supervision of his 19-year-old sister, why is mom facing charges at all?
After the preliminary hearing was over, the prosecutor decided to reduce the charge against Esckelson from a ten-year to a five-year felony, but refused to drop the charges entirely, telling the judge that the family's story didn't add up. Esckelson's attorney, meanwhile, told the judge that the gun storage law was meant to stop minors from easily accessing guns that they could use in a violent crime, including a mass shooting.
This doesn’t apply to Esckelson’s situation, as her guns were properly locked, her son did not have direct access to them, and another adult — the teen’s sister — opened the safe, Crawford said.
“It’s a new statute, and it’s poorly written,” he argued.
[Judge Terry L. ] Clark instructed Crawford and Sanborn to each write briefs arguing their positions. They’re to submit their briefs within 21 days.
Clark should have tossed the charges against Esckelson at the conclusion of the preliminary hearing, in my opinion. While the prosecutor contends that the family's story doesn't make sense, it also sounds like she failed to present any evidence whatsoever that any of the family members are lying about how and why the teen got access to his mom's pistol. Even the police officer who responded to the scene testified that he "found no evidence the shooting occurred elsewhere than where the family alleged."
One-size-fits-all storage policies are a bad idea in general, but when prosecutors choose to ignore the exceptions written into the law and pursue felony charges against parents who appear to have kept their guns under lock and key there's a much bigger problem at hand. It sure looks like Esckelson is being railroaded so prosecutors can make an example out of her, and are willing to rip apart a family in the process.
