Written by Logan Smith, L’26

“The idea that parents should be legally responsible for the actions of their children is certainly not new.”^[1]  While this is perhaps an obvious statement, it is worth repeating because each generation, facing its own challenges with crime and its impact on its society and children, develops a methodology and implements practices it hopes will have some positive impact. “Modernism” controlled from the sixteenth century through the end of the nineteenth century when the state exercised its power through new forms of discipline emphasizing imprisonment.^[2]  This modernist view relied upon the utilitarian proposition that the purpose of punishing those who commit crimes is to prevent or eliminate crime and reform criminals.^[3]

In recent years, however, modernism has fallen to the wayside and postmodernism, characterized by a focus on populations rather than individuals, has taken root.^[4]  Postmodernism penological theory concerns itself with techniques for identifying groups assorted by levels of dangerousness, taking crime for granted and accepting deviance as normal.^[5]  In the late twentieth century, states began enacting various laws that held parents accountable for the actions of their children.^[6]  However, in the last several years the American public has seemed to buck the postmodern trend (at least when it comes to youth gun violence); the call for parents to be held accountable for youth gun violence has reached a fever pitch amidst increasing juvenile violent crime and homicide rates as well as year-over-year all-time highs in recorded school shootings.^[7]

This vindictive yet perhaps understandable plea for someone to be held accountable for these unfortunate realities has led to the prosecution of two different mass school shooters’ parents in recent years.^[8]  The first of these cases was the unprecedented 2021 prosecution of Jennifer and James Crumbley, the parents of Oxford High School mass shooter Ethan Crumbley.^[9]  Each elder Crumbley was convicted of four counts of involuntary manslaughter, one for each of the four classmates their son murdered on November 20, 2021.^[10]  The second is the upcoming prosecution of Colin Gray, the father of the Apalachee High School mass shooter Colt Gray.^[11]  For his role in his son’s crime, Colin Gray has been indicted on twenty-nine counts (including two for second-degree murder and two for involuntary manslaughter).^[12]  While this type of direct parental culpability expressed via prosecution is a trend that is likely to become more widely adopted out of a desire to prevent these tragedies, a more viable alternative may already be available in the adoption of secure storage laws.^[13]

            Secure storage laws, sometimes referred to as “child-access” or “safe storage” laws, ideally will discourage minor access to household firearms by requiring gun-owning parents to restrict their children’s access to a firearm by ensuring they are stored in a manner that will prevent the minor from accessing them.^[14]  These laws either penalize parents for any failure to secure a firearm or, less restrictively, after a child has gained access to a firearm.^[15]

Secure Storage Laws Appear to Have a Significant Positive Impact on Reducing Numerous Gun Violence Markers.

            A common refrain when lobbying for the widespread adoption of secured storage laws is that “[s]ecure gun storage reduces youth gun violence dramatically, with households that lock firearms and ammunition seeing up to 85% fewer unintentional injuries.”^[16]  However, this post’s focus is specifically on juvenile homicide rather than accidental  injuries, and the data comparing secure storage laws to intentional gun violence is sparse. As such, I have compiled data from numerous different databases and compared these data sets with every state in the U.S..  At the time this analysis was conducted, twenty-six states had a statutorily defined secure storage law.^[17]

There Appears to be a Strong Negative Correlation Between Secure Storage Laws and Overall Firearm Mortality

The first data sets that I compared were of total firearm mortality rates per 100,000 total population by state in 2022  (the most recent year for which the Center for Disease Control had compiled this data) categorized to highlight whether each state did or did not have a secure storage law at the time.

Of the twenty-five states with the highest total firearm mortality rates per capita, only three had some variation of a secured storage law in 2022: Nevada, Colorado, and North Carolina^[18]  Conversely, of the twenty-five states with the lowest total firearm mortality rates per capita, all but five had some variation of a secured storage law.^[19]  Further, of the ten states with the highest total firearm mortality rates, none had a secured storage law, while each of the ten states with the lowest total firearm mortality rates did.^[20]

Secure Storage Laws Appear to be Significantly and Negatively Correlated with Multiple Markers of Juvenile Gun Violence.

As was the case with total firearm mortality rates, the existence or absence of a secured storage law in a state is strongly and negatively correlated with youth gun death rates, youth gun homicide rates, and school shooting rates.  Every one of the ten states with the highest youth gun death rates in 2022 did not have a secure storage law.^[21]  21 of the 27 states which were at or above the average youth gun death rate of 5.7 per 100,000 did not have a secure storage law in 2022.^[22]  When controlling for states which recorded zero youth gun deaths for that year, fifteen of the nineteen above that average did not have a secure storage law.^[23]  Additionally, the average youth gun death rate of the states which did not have a secure storage law and did not record zero was 8.3 per 100,000 while it was only 4.9 for the states that did.^[24]  However, like total firearm mortality, the youth gun death rates provided also include suicides so again further analysis was required.

            Even after controlling for the number of suicides, the discouraging relationship between youth gun violence and secure storage laws continues.  While the data is slightly less clear for youth gun homicides because 14 states had a youth gun homicide rate below 1 per 100,000 in 2022, of the 10 states which had the highest youth gun homicide rates, 9 did not have a secure storage law.^[25]  Additionally, the average youth gun homicide rate among the states which had a rate above zero that did not have a secure storage law was 5.95 per 100,000 population in 2022.^[26] On the other hand, the average rate among the states which had a youth gun homicide rate above zero and did have a secure storage law was 3.03 per 100,000 population in 2022, nearly half the average rate of states which did not have a secure storage law.^[27]

The final dataset that I evaluated was state school shooting rates since 1966.  When comparing the school shooting rates by state against whether or not a state had  a secure storage law, the data showed a negative correlation for the states which did not have a secure storage law as compared to their school shooting rate since 1966.^[28]  In keeping with the common theme, seven of the ten and eighteen of the twenty five states with the highest school shooting rates since 1966 did not have a secure storage law by 2022.^[29]  Put another way, twenty-two states had school shooting rates above the 0.87 per 100,000 population average, and of those only four had secure storage laws by 2022.^[30]

Why More States Have Not Adopted These Laws.

Perhaps nothing illustrates the reality this analysis displays better than the fact that the Michigan state legislature, in seemingly a tacit acknowledgement of the need for these measures, enacted its own secure storage law shortly after the Oxford High School mass shooting tragedy.^[31]  However, even in this bill’s passage, one of the obstacles to nationwide adoption of these laws presented itself when Representative Gina Johnsen stated “[i]t is not the job of the state government to regulate my safely, legally owned property I use in the privacy of my own home[.]”^[32]  A careful reading of Rep. Johnsen’s statement shows that she completely misunderstood the purpose of the proposed bill,  limiting a minor’s access to any firearms in their home rather than regulating her use of them.

Rep. Johnsen’s statement may be indicative of a broader problem where elected representatives are choosing whether to support these laws based on their personal proclivities rather than the desires of their constituents.  A 2023 survey by the Johns Hopkins Center for Gun Violence Solutions polled 3096 American adults;  among those surveyed, 1002 were gun owners, 730 were Republicans, 1199 were Democrats, and 1163 were Independents.^[33]  “Overall, 72% of respondents supported safe storage, including 87% of Democrats, 59% of Republicans, 58% of gun owners and 79% of people who [didn’t] own a gun.”^[34]  The results of this survey clearly showed bi-partisan national support for secure storage laws among Americans in the same year Michigan passed its own secure storage law.^[35]

1. Conclusion

Nationwide adoption of secured storage laws should be a priority for anyone who claims to be serious about addressing the gun violence epidemic in America and its deleterious effects on our youth.  These laws seem to provide both a general and specific deterrent effect on numerous markers of youth gun violence.  This is likely because they help to prevent juveniles from being able to more readily obtain firearms by holding their parents and other responsible adults both directly and vicariously liable for their children’s violent crimes.  Education must come subsequent to these statutes’ enactments so that gun owners and their children are aware of the existence of these laws and the potential penalties for their violation.

 

—

^[1] Eve M. Brank, Et al., HOLDING PARENTS RESPONSIBLE: Is Vicarious Responsibility the Public’s Answer to Juvenile Crime?, 17 Psych., Pub. Pol’y, & L. 507, 510 (2011).

^[2] Paul W. Schmidt, DANGEROUS CHILDREN AND THE REGULATED FAMILY: THE SHIFTING FOCUS OF PARENTAL RESPONSIBILITY LAWS, 73 N.Y.U. L. Rev. 667, 669 (1998).

^[3] Id. at 670.

^[4] Id. at 671.

^[5] Id.

^[6]Id. at 675.

^[7] See generally Jamiles Lartey, The Parents Paying for Their Children’s Crimes, The Marshall Project (Apr. 13, 2024, 12:00 PM), https://www.themarshallproject.org/2024/04/13/michigan-school-shooting-parents (reporting on several recent and unprecedented instances of parents being charged following their children’s crime); How Many School Shootings? All Incidents From 1966-Present, K-12 Sch. Shooting Database, https://k12ssdb.org/all-shootings (providing data on the increased number of school shootings over time).

^[8]

^[9] Ed White, Michigan school shooter’s parents sentenced to 10 years in prison for not stopping a ‘runaway train’, AP News (Apr. 9, 2024, 7:55 PM), https://apnews.com/article/james-crumbley-jennifer-crumbley-oxford-school-shooting-e5888f615c76c3b26153c34dc36d5436.

^[10] Lisa Miller, A Handgun for Christmas Why were James and Jennifer Crumbley found guilty for their son’s mass shooting?, Intelligencer(July, 2022), https://nymag.com/intelligencer/article/oxford-school-shooting-ethan-crumbley-parents.html.

^[11] Father of 14-year-old accused in deadly Georgia school shooting pleads not guilty, CBS News (Nov. 21, 2024, 12:43 PM), https://www.cbsnews.com/news/georgia-school-shooting-suspect-father-colin-gray-pleads-not-guilty/.

^[12] Father of 14-year-old accused in deadly Georgia school shooting pleads not guilty, CBS News (Nov. 21, 2024, 12:43 PM), https://www.cbsnews.com/news/georgia-school-shooting-suspect-father-colin-gray-pleads-not-guilty/.

^[13] Andrew R. Morral, Will Charging the Parents of School Shooters Help Prevent School Shootings?, RAND (Sept. 23, 2024), https://www.rand.org/pubs/commentary/2024/09/will-charging-the-parents-of-school-shooters-help-prevent.html.

^[14] Which states have child-access and/or secure storage laws?, Everytown Rsch. & Pol’y (2025), https://everytownresearch.org/rankings/law/secure-storage-or-child-access-prevention-required/.

^[15] Id.

^[16] Id.

^[17] Id. (identifying which states have a secure storage law in 2025 which now includes New Mexico and Michigan); Nev. Rev. Stat. Ann. § 202.300 (2019); Colo. Rev. Stat. Ann. § 18-12-114 (2021); N.C. Gen. Stat. Ann. § 14-315.1 (1994); Va. Code Ann. § 18.2-56.2 (2020); Md Code Ann., Crim. §4-104 (2023) (Adopted in 2002); Wash. Rev. Code Ann. § 9.41.360 (2019); Del. Code Ann. Tit. 11 § 1456 (2025) (Adopted in 1994); Me. Rev. Stat. Ann. Tit. 17-A § 554 (2021); Iowa Code Ann. § 724.22 (2017); N.H. Rev. Stat. Ann. § 650-C:1 (2001); Minn. Stat. Ann. § 609.666 (1996); Conn. Gen. Stat. Ann. § 53a-217a (2023) (Adopted in 1990); N.J. Stat. Ann. § 2C:58-15 (1992); Haw. Rev. Stat. Ann. § 707-714.5 (2021); Mass. Gen. Laws Ann. ch. 140 § 131L (2024) (Adopted in 1998); 720 Ill. Comp. Stat. Ann. § 5/24-9 (2000); Tx. Penal Code Ann. § 46.13 (1995); Wis. Stat. Ann. § 948.55 (2007); Fla. Stat. Ann. § 790.174 (1989); Cal. Penal Code Ann. § 25100 (2025) (Adopted in 2010); Or. Rev. Stat. Ann. § 166.395 (2021); N.Y. Penal Law § 265.45 (2023) (Adopted in 2013); R.I. Gen. Laws Ann. § 11-47-60.1 (2024) (Adopted in 1995).

^[18] Nev. Rev. Stat. Ann. § 202.300 (2019); Colo. Rev. Stat. Ann. § 18-12-114 (2021); N.C. Gen. Stat. Ann. § 14-315.1 (1994); Va. Code Ann. § 18.2-56.2 (2020); Md Code Ann., Crim. §4-104 (2023) (Adopted in 2002); Wash. Rev. Code Ann. § 9.41.360 (2019); Del. Code Ann. Tit. 11 § 1456 (2025) (Adopted in 1994); Me. Rev. Stat. Ann. Tit. 17-A § 554 (2021); Iowa Code Ann. § 724.22 (2017); N.H. Rev. Stat. Ann. § 650-C:1 (2001); Minn. Stat. Ann. § 609.666 (1996); Conn. Gen. Stat. Ann. § 53a-217a (2023) (Adopted in 1990); N.J. Stat. Ann. § 2C:58-15 (1992); Haw. Rev. Stat. Ann. § 707-714.5 (2021); Mass. Gen. Laws Ann. ch. 140 § 131L (2024) (Adopted in 1998); 720 Ill. Comp. Stat. Ann. § 5/24-9 (2000); Tx. Penal Code Ann. § 46.13 (1995); Wis. Stat. Ann. § 948.55 (2007); Fla. Stat. Ann. § 790.174 (1989); Cal. Penal Code Ann. § 25100 (2025) (Adopted in 2010); Or. Rev. Stat. Ann. § 166.395 (2021); N.Y. Penal Law § 265.45 (2023) (Adopted in 2013); R.I. Gen. Laws Ann. § 11-47-60.1 (2024) (Adopted in 1995); Firearm Mortality by State, Nat’l Ctr. Health Stat., https://www.cdc.gov/nchs/pressroom/sosmap/firearm_mortality/firearm.htm (providing total firearm mortality rate by state in 2022).

^[19]Nev. Rev. Stat. Ann. § 202.300 (2019); Colo. Rev. Stat. Ann. § 18-12-114 (2021); N.C. Gen. Stat. Ann. § 14-315.1 (1994); Va. Code Ann. § 18.2-56.2 (2020); Md Code Ann., Crim. §4-104 (2023) (Adopted in 2002); Wash. Rev. Code Ann. § 9.41.360 (2019); Del. Code Ann. Tit. 11 § 1456 (2025) (Adopted in 1994); Me. Rev. Stat. Ann. Tit. 17-A § 554 (2021); Iowa Code Ann. § 724.22 (2017); N.H. Rev. Stat. Ann. § 650-C:1 (2001); Minn. Stat. Ann. § 609.666 (1996); Conn. Gen. Stat. Ann. § 53a-217a (2023) (Adopted in 1990); N.J. Stat. Ann. § 2C:58-15 (1992); Haw. Rev. Stat. Ann. § 707-714.5 (2021); Mass. Gen. Laws Ann. ch. 140 § 131L (2024) (Adopted in 1998); 720 Ill. Comp. Stat. Ann. § 5/24-9 (2000); Tx. Penal Code Ann. § 46.13 (1995); Wis. Stat. Ann. § 948.55 (2007); Fla. Stat. Ann. § 790.174 (1989); Cal. Penal Code Ann. § 25100 (2025) (Adopted in 2010); Or. Rev. Stat. Ann. § 166.395 (2021); N.Y. Penal Law § 265.45 (2023) (Adopted in 2013); R.I. Gen. Laws Ann. § 11-47-60.1 (2024) (Adopted in 1995);  Firearm Mortality by State, Nat’l Ctr. Health Stat., https://www.cdc.gov/nchs/pressroom/sosmap/firearm_mortality/firearm.htm (providing total firearm mortality rate by state in 2022).

^[20] Nev. Rev. Stat. Ann. § 202.300 (2019); Colo. Rev. Stat. Ann. § 18-12-114 (2021); N.C. Gen. Stat. Ann. § 14-315.1 (1994); Va. Code Ann. § 18.2-56.2 (2020); Md Code Ann., Crim. §4-104 (2023) (Adopted in 2002); Wash. Rev. Code Ann. § 9.41.360 (2019); Del. Code Ann. Tit. 11 § 1456 (2025) (Adopted in 1994); Me. Rev. Stat. Ann. Tit. 17-A § 554 (2021); Iowa Code Ann. § 724.22 (2017); N.H. Rev. Stat. Ann. § 650-C:1 (2001); Minn. Stat. Ann. § 609.666 (1996); Conn. Gen. Stat. Ann. § 53a-217a (2023) (Adopted in 1990); N.J. Stat. Ann. § 2C:58-15 (1992); Haw. Rev. Stat. Ann. § 707-714.5 (2021); Mass. Gen. Laws Ann. ch. 140 § 131L (2024) (Adopted in 1998); 720 Ill. Comp. Stat. Ann. § 5/24-9 (2000); Tx. Penal Code Ann. § 46.13 (1995); Wis. Stat. Ann. § 948.55 (2007); Fla. Stat. Ann. § 790.174 (1989); Cal. Penal Code Ann. § 25100 (2025) (Adopted in 2010); Or. Rev. Stat. Ann. § 166.395 (2021); N.Y. Penal Law § 265.45 (2023) (Adopted in 2013); R.I. Gen. Laws Ann. § 11-47-60.1 (2024) (Adopted in 1995); Firearm Mortality by State, Nat’l Ctr. Health Stat., https://www.cdc.gov/nchs/pressroom/sosmap/firearm_mortality/firearm.htm (providing total firearm mortality rate by state in 2022).

^[21] Which states have child-access and/or secure storage laws?, Everytown Rsch. & Pol’y (2025), https://everytownresearch.org/rankings/law/secure-storage-or-child-access-prevention-required/.; Silvia Villarreal et. al., Gun Violence in the United States 2022: Examining the Burden Among Children and Teens, Johns Hopkins Ctr. Gun Violence Sol. (Sept. 2024), https://publichealth.jhu.edu/sites/default/files/2024-09/2022-cgvs-gun-violence-in-the-united-states.pdf.

^[22] Which states have child-access and/or secure storage laws?, Everytown Rsch. & Pol’y (2025), https://everytownresearch.org/rankings/law/secure-storage-or-child-access-prevention-required/.; Silvia Villarreal et. al., Gun Violence in the United States 2022: Examining the Burden Among Children and Teens, Johns Hopkins Ctr. Gun Violence Sol. (Sept. 2024), https://publichealth.jhu.edu/sites/default/files/2024-09/2022-cgvs-gun-violence-in-the-united-states.pdf.

^[23]  Which states have child-access and/or secure storage laws?, Everytown Rsch. & Pol’y (2025), https://everytownresearch.org/rankings/law/secure-storage-or-child-access-prevention-required/.; Silvia Villarreal et. al., Gun Violence in the United States 2022: Examining the Burden Among Children and Teens, Johns Hopkins Ctr. Gun Violence Sol. (Sept. 2024), https://publichealth.jhu.edu/sites/default/files/2024-09/2022-cgvs-gun-violence-in-the-united-states.pdf.

^[24] Which states have child-access and/or secure storage laws?, Everytown Rsch. & Pol’y (2025), https://everytownresearch.org/rankings/law/secure-storage-or-child-access-prevention-required/.; Silvia Villarreal et. al., Gun Violence in the United States 2022: Examining the Burden Among Children and Teens, Johns Hopkins Ctr. Gun Violence Sol. (Sept. 2024), https://publichealth.jhu.edu/sites/default/files/2024-09/2022-cgvs-gun-violence-in-the-united-states.pdf.

^[25]  Which states have child-access and/or secure storage laws?, Everytown Rsch. & Pol’y (2025), https://everytownresearch.org/rankings/law/secure-storage-or-child-access-prevention-required/.; Silvia Villarreal et. al., Gun Violence in the United States 2022: Examining the Burden Among Children and Teens, Johns Hopkins Ctr. Gun Violence Sol. (Sept. 2024), https://publichealth.jhu.edu/sites/default/files/2024-09/2022-cgvs-gun-violence-in-the-united-states.pdf.

^[26]  Which states have child-access and/or secure storage laws?, Everytown Rsch. & Pol’y (2025), https://everytownresearch.org/rankings/law/secure-storage-or-child-access-prevention-required/.; Silvia Villarreal et. al., Gun Violence in the United States 2022: Examining the Burden Among Children and Teens, Johns Hopkins Ctr. Gun Violence Sol. (Sept. 2024), https://publichealth.jhu.edu/sites/default/files/2024-09/2022-cgvs-gun-violence-in-the-united-states.pdf.

^[27] Which states have child-access and/or secure storage laws?, Everytown Rsch. & Pol’y (2025), https://everytownresearch.org/rankings/law/secure-storage-or-child-access-prevention-required/.; Silvia Villarreal et. al., Gun Violence in the United States 2022: Examining the Burden Among Children and Teens, Johns Hopkins Ctr. Gun Violence Sol. (Sept. 2024), https://publichealth.jhu.edu/sites/default/files/2024-09/2022-cgvs-gun-violence-in-the-united-states.pdf.

^[28]  Which states have child-access and/or secure storage laws?, Everytown Rsch. & Pol’y (2025), https://everytownresearch.org/rankings/law/secure-storage-or-child-access-prevention-required/.; School Shootings by State 2025, World Population Rev. (2025), https://worldpopulationreview.com/state-rankings/school-shootings-by-state#title (providing the data for school shooting rates, in the interest of transparency, when the school shooting rate data was originally collected the rates for 2025 were not yet displayed, they have since been updated and the rates for virtually every state have increased since including data from 1966-2025).

^[29] Which states have child-access and/or secure storage laws?, Everytown Rsch. & Pol’y (2025), https://everytownresearch.org/rankings/law/secure-storage-or-child-access-prevention-required/.; School Shootings by State 2025, World Population Rev. (2025), https://worldpopulationreview.com/state-rankings/school-shootings-by-state#title (providing the data for school shooting rates, in the interest of transparency, when the school shooting rate data was originally collected the rates for 2025 were not yet displayed, they have since been updated and the rates for virtually every state have increased since including data from 1966-2025).

^[30]Which states have child-access and/or secure storage laws?, Everytown Rsch. & Pol’y (2025), https://everytownresearch.org/rankings/law/secure-storage-or-child-access-prevention-required/.; School Shootings by State 2025, World Population Rev. (2025), https://worldpopulationreview.com/state-rankings/school-shootings-by-state#title (providing the data for school shooting rates, in the interest of transparency, when the school shooting rate data was originally collected the rates for 2025 were not yet displayed, they have since been updated and the rates for virtually every state have increased since including data from 1966-2025).

^[31] See Mich. Comp. Laws Ann. § 28.429; see also Beth LeBlanc, Michigan House passes gun storage bills sought after deadly Oxford shooting, The Detroit News (Mar. 22, 2023, 5:53 P.M.), https://www.detroitnews.com/story/news/local/oakland-county/2023/03/22/michigan-house-oks-gun-safe-storage-bills-sought-after-deadly-oxford-high-school-msu-shooting/70038417007/ (reporitng on the Michigan House passing a new secure storage law following the Oxford High School shooting).

^[32] Beth LeBlanc, Michigan House passes gun storage bills sought after deadly Oxford shooting, The Detroit News (Mar. 22, 2023, 5:53 P.M.), https://www.detroitnews.com/story/news/local/oakland-county/2023/03/22/michigan-house-oks-gun-safe-storage-bills-sought-after-deadly-oxford-high-school-msu-shooting/70038417007/.

^[33] Clark Merrefield, Do child access prevention laws prevent gun violence? Here’s what the research says, The Journalist’s Resource (Oct. 2, 2024), https://journalistsresource.org/health/child-access-prevention-research/.

^[34] Id.

^[35] Id.