Charlotte Criminal Lawyer Blog
Can a Parent Be Charged for a Child’s Gun Crime?
School shootings and mass casualty events are unfortunately becoming more common in today’s society. Ever since Columbine, schools have put procedures in place to prevent violence, protect students, and respond. Children who commit crimes of gun violence may often be charged as adults. In recent years, however, the parents of children who commit gun crimes have also been charged and convicted. While parents are not automatically responsible for the actions of their children, a parent may be held accountable if their actions or lack of action were negligent.
Are Parents Responsible if Their Child Shoots Someone?
Parents in North Carolina may be charged and convicted if their negligence led to the crime committed by a child. This could happen in situations where a minor used a parent’s gun to shoot someone. There are laws that prohibit parents from allowing children to access firearms. Child access prevention laws are also called CAP laws.
Child Access Prevention
While there are no federal laws regarding the safe storage of firearms, North Carolina does have a law that prevents child access to guns. North Carolina law (G.S. 13-315.1) requires the storage of firearms to protect minors. The law applies when a minor was in possession of a gun, displayed the gun in a careless, angry, or threatening manner, caused injury or death to another, or used the gun in the commission of a crime. Violation of this law is a Class 1 misdemeanor.
Permitting Young Children to Use Dangerous Firearms
North Carolina General Statutes 14-316 states “It shall be unlawful for any person to knowingly permit a child under the age of 12 years to have access to, or possession, custody, or use in any manner whatever, of any gun, pistol, or other dangerous firearm, whether such weapon be loaded or unloaded, unless the person has the permission of the child’s parent of guardian, and the child is under the supervision of an adult”. It is important to note that under this law, air rifles, air pistols, and BB guns are not considered dangerous firearms. If found in violation of the law, a person could be charged with a Class 2 misdemeanor.
Can A Parent Be Charged With Homicide?
There may be situations where a parent may be charged with homicide after their minor child has committed murder with a gun. For example, if the parent knew that the child had the intent to commit the act and had the ability and opportunity to control the minor and made no reasonable attempt to correct, restrain, or properly supervise the minor, the prosecutor may pursue charges against the parent. However, in many cases, the parent did not know that their child intended to commit murder and, therefore, homicide charges may be difficult to prove in court. A parent could still be charged with other crimes, such as those pertaining to access to the firearm, as well as child endangerment or child neglect.
What Parents Can Do
There are a few things parents can do to prevent firearm crimes. If parents choose to own firearms, they must store them properly. Keep them away from children and in a locked cabinet. Further, they should lock the gun to prevent it from being loaded or fired. Store firearms and ammunition separately and away from children. Use a locking gun safe when possible. Don’t simply hide the gun in a drawer or closet, as kids may be able to gain access when you are unaware. Monitor your child’s activities and friends. If a child is showing signs of mental illness or instability, seek counseling or therapy.
If you are facing criminal charges, our legal team is here to help. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to speak with our knowledgeable attorneys.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-315.1.html
https://www4.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-316.html
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