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Macomb County Prosecutor Peter Lucido has filed the first charges under Michigan’s new safe storage law following a critical accident in Warren. An 8-year-old boy allegedly accessed an unsecured firearm and shot himself in the face. The boy’s father, Theo Nichols, now faces a combination of charges, including child abuse, illegal gun possession, and violating the safe storage law.

This incident marks a turning point for gun safety enforcement in Macomb County. The recently enacted safe storage law mandates that firearms be secured with a trigger lock or kept in a locked container. This aims to prevent accidental shootings, particularly those involving children.

“In the wake of this tragic incident, we are reminded of the profound responsibility that comes with gun ownership,” Lucido said in a statement.

Reports indicate the gun used was a handgun stored on top of a kitchen cabinet. The boy reportedly used a chair to climb and access the weapon. Nichols, according to authorities, was also a convicted felon, prohibited from possessing a firearm.

The child’s condition remains critical, highlighting the potential consequences of unsecured firearms.

This case serves as a stark reminder for gun owners in Michigan. The new safe storage law carries the potential for criminal charges in similar situations.

The incident has sparked renewed debate on gun safety. Proponents of the law argue it strengthens safeguards against accidental shootings, particularly involving children. Opponents argue the law unfairly burdens responsible gun owners and restricts their Second Amendment rights.

While the legal proceedings unfold, the focus remains on the child’s recovery. This incident underscores the importance of gun safety and responsible gun ownership. Macomb County’s first enforcement of the safe storage law comes at a heavy price, but it serves as a potential turning point for gun safety measures in the region.

FAQs About Michigan’s New Safe Gun Storage Law

1. When did the safe storage law go into effect?

Michigan’s safe storage law, Public Act 17 of 2023, took effect on February 13, 2024.

2. Who does the law apply to?

The law applies to all Michigan residents who own firearms. It’s important to secure your guns whenever a minor (under 18) is likely to be present in your home, even if they are visiting. This applies to both residents and those carrying a firearm who enter a location with minors.

3. How do I safely store my firearm?

There are two main options under the law:

• Unloaded and secured with a locking device: This could be a trigger lock, cable lock, or other device that renders the firearm inoperable.
• Stored in a locked container: This includes gun safes, lockboxes, or other secure containers that prevent unauthorized access.

4. What are the penalties for violating the law?

If a minor gains access to an unsecured firearm and injures themselves or others, the gun owner could face varying penalties depending on the severity of the injury:

• No injuries: Up to 93 days in jail, a $500 fine, or both.
• Serious injury: Felony 2 with a penalty of up to 10 years in prison and a $7,500 fine.

5. Are there resources available to help me comply with the law?

Yes! The state offered a temporary sales tax break on gun safes and safety devices purchased after February 13, 2024.