THREAD. Just a few thoughts on Michigan's laws and the theory that the Oakland County prosecutor appears to be putting together in charging the parents with involuntary manslaughter:
2. Michigan has a law that would hold the parents liable if their child commits a firearm offense in a school zone, and the parent knows of or acts to further the violation. Parents conduct here would appear to apply -- BUT, this is only a misdemeanor legislature.mi.gov/(S(31kt5e3013g…
3. Michigan also appears to allow for criminal liability if an owner negligently or recklessly allows a firearm to be discharged, though not clear from wording if it could directly be applied to a minor accessing that weapon (and it's still a misdemeanor) legislature.mi.gov/(S(2ylkckzotsh…
4. By contrast, the involuntary manslaughter law allows for that underlying negligent or reckless conduct, or unlawful misdemeanor act to be charged as a *felony* if an unintentional killing results from that conduct legislature.mi.gov/(S(vnab5z45zn2…
5. The felony conviction has a penalty of up to 15 years in prison, versus the minimal jail time for a misdemeanor. Importantly, a felony conviction would prevent the parents from owning a firearm under federal law, whereas a misdemeanor conviction would not
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