New proposed bill could hold parents responsible for minors who commit mass shootings

ATLANTA — It’s a case out of Michigan but we asked a prosecutor if parents in Georgia could also face the same punishment.

Channel 2’s Candace McCowan was live from the state capitol, in downtown Atlanta Tuesday on WSB Tonight at 11 p.m.

Some lawmakers want more laws on the books.

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Just this spring several bills were introduced, to keep guns out of the hands of minors.

But already, one former prosecutor, Chris Timmons, says if what happened in the Michigan case happened in Georgia, prosecutors here could and likely would pursue a case against the parents of a mass shooter.

“This is the first case of its kind in the country,” said Timmons.

Timmons was a prosecutor in Dekalb and Cobb counties for more than 17 years.

He says the facts in this Michigan case are egregious.

Parents of a student who shot and killed four of his classmates were convicted and sentenced after buying their son a gun and not taking him home from school when he was found with disturbing drawings.

“I think if we saw a fact pattern like that in the state of Georgia I think you would see those parents prosecuted,” said Timmons.

Right now it’s illegal for parents to allow minors to possess guns unless it’s for hunting, target shooting, safety courses, or organized competition.

But some Georgia lawmakers, want to focus more on gun owners safely storing their weapons.

This past session House Bill 135 was introduced by Representative Mary Margaret Oliver.

“If your gun is taken out of your house by a child or a friend of your child, you’re responsible for committing a misdemeanor because that means that child had access to that gun,” said Rep. Oliver.

The bill would also hold gun owners responsible for unsecured guns taken out of their cars and homes and used in crimes.

Another bill, proposed by Representative and Doctor Michelle Au would punish gun owners even before their gun was used in a crime.

“It simply requires any firearm that can be accessed by a minor to be locked secure full stop and that’s it,” said Rep. Au.

Neither bill went far.

But with jail time handed down in Michigan, we could see others face the same fate.

“Given now that this has happened in the State of Michigan and happened successfully and you have a plan in place and you see it from a prosecutorial angle then it might be something likely to happen in Georgia,” said Rep. Au.

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So, what could parents in Georgia face?

Timmons said an unsecured gun used in a crime could be reckless conduct.

But if it’s used in a crime that leads to death, it could be charged as involuntary manslaughter.

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