Can Parents Be Charged for Their Child’s Gun Violence?

According to CNN, there were 83 school shootings in the United States in 2024. At least 115 people were injured in the attacks and 38 people died.

Each shooting is a tragedy that causes lasting trauma for survivors and victims' families. Yet year after year, legislators and policymakers have failed to act to prevent mass shootings. Since 2014, The Onion, a satirical newspaper, has published the same headline after major school shootings that reads, "No Way to Prevent This,' Says Only Nation Where This Regularly Happens."

But in 2024, Michigan approached the problem from a new angle. For the first time, prosecutors criminally charged and convicted the parents of a mass shooter for their role in giving their minor son a gun for Christmas while ignoring his mental health struggles. Here's a look at how parental responsibility laws apply to gun violence and gun storage.

Can Parents Be Charged in School Shootings?

In the aftermath of a school shooting, people often wonder how it could have happened—what were the shooter's motives, were there any warning signs, could anything have prevented the attack? Increasingly, authorities are also focusing on how the shooter accessed a gun and whether the shooter's parents should be held responsible. According to a 2019 study by the U.S. Department of Homeland Security, 76% of the guns used in school shootings came from a parent or close relative of the shooter.

Historically, parents are more likely to get sued for money over their children's actions than sent to jail. But that might be changing, at least in situations involving serious gun violence. Here are real-world examples of how this novel theory of criminal liability for school shootings is developing.

Parents of Michigan School Shooter Found Guilty of Manslaughter

In November 2021, Ethan Crumbley killed four students and wounded seven other people at Oxford High. His parents, James and Jennifer Crumbley, became the first parents in the United States to be charged and convicted in a mass school shooting. Jennifer Crumbley was tried first. In February 2024, she was convicted of four counts of involuntary manslaughter—one for each student her son killed. James Crumbley was convicted by a separate jury of the same charges the next month. Each parent was sentenced to serve between 10 and 15 years in prison.

Ethan's parents weren't at the scene or physically involved in the killings. Instead, prosecutors focused on how they ignored their son's mental health struggles while gifting him a handgun and taking him to a shooting range for target practice. Ethan's mom knew he was researching ammo on his phone at school and both parents knew he had drawn a bloody figure at school and did nothing to get him help or secure the handgun. Prosecutors successfully argued that Ethan's parents were criminally negligent—they could have predicted the shooting and, not only did nothing to prevent it, but purchased their mentally unstable son a handgun.

Father of Suspected School Shooter Charged with Second-Degree Murder in Georgia

In September 2024, Colt Gray arrived at Apalachee High School with a knife and an AR-15-style rifle in his backpack. He killed four people and injured nine others in the 45th school shooting in 2024. He was just 14 years old.

Inspired by the conviction of the Crumbleys, prosecutors in Georgia wasted no time filing charges against the shooter's father, Colin Gray. He is accused of gifting his son the rifle used in the attack for Christmas while on notice that Colt was a danger to other people. Specifically, in 2023, Colt and his father had been interviewed by police about online threats the boy had allegedly made to commit a school shooting.

As of December 2024, Gray is charged with 29 counts in connection with the mass shooting, including two counts of second-degree murder, two counts of involuntary manslaughter, and multiple counts of cruelty to children. He pleaded not guilty in November and filed a motion to dismiss the charges in December, arguing that the charges aren't specific enough for him to defend against.

Parental Liability for Improper Gun Storage

Unsecured guns are dangerous, especially when they are within reach of children. An estimated 30 million children in the United States live in households with firearms. And, according to the Centers for Disease Control and Prevention (CDC), firearms were the leading cause of death among children and teens in 2022.

Gun policy has been a hotly debated topic in the United States since the country's founding. But as of January 2024, 35 states and the District of Columbia have some kind of gun storage law in place. Some of the strictest states, like California, make it a crime to carelessly store a gun where you know or should know that a child can access it. Others impose criminal liability only when a child's access results in death or serious injury. Here are a few examples of how prosecutors are applying these laws.

Michigan Father Charged Under State's New CAP Law

The day after Michigan's CAP law took effect, a two-year-old girl shot herself in the face on Valentine's Day in Flint. Police found two unsecured guns near a toddler-sized folding chair in the home, including the revolver that was used in the shooting. The girl's father, Michael Tolbert, became the first parent charged under Michigan's newly enacted gun storage law. His trial is scheduled to begin on May 7, 2025.

California Man Arrested After Toddler Shoots His Own Mother

In November 2024, a two-year-old fatally shot his mother with a 9-millimeter firearm in Fresno. The mother's boyfriend, Andrew Sanchez, was arrested on suspicion of child endangerment and criminal storage of a firearm.

The mom was lying in bed when she was shot in the upper body. Authorities say the firearm was improperly stored in the bedroom and loaded with a single round.

Getting Help

If you're a gun owner, it's important to learn about gun laws in your state. If you have questions about parenting, reach out to the National Parent Helpline (1-855-427-2736). The helpline offers 24/7 access to trained counselors who can connect you with resources and provide confidential and compassionate support. Finally, if you've been charged with a crime, be sure to talk to a criminal defense attorney as soon as possible.