Gun Safety and Child Custody in Michigan: What Fathers Need to Know About Firearms, Safe Storage, and Best Interest Factors

The Changing Landscape of Firearm Considerations in Custody Cases

Recent developments in family law suggest a significant shift in how courts across Michigan are evaluating parental gun ownership and storage practices when determining child custody. Following the convictions of parents Jennifer and James Crumbley for involuntary manslaughter in connection with their son's 2021 school shooting at Oxford High School, and more recently the 2026 conviction of Colin Gray for murder related to his son's school shooting in Georgia, the legal landscape for family law cases is evolving rapidly.

These high-profile cases have brought unprecedented attention to the relationship between parental firearm practices and parental fitness, potentially transforming gun safety from a rarely considered factor into a central component of the "best interest of the child" analysis that Michigan courts use in custody determinations.

Michigan's Current Legal Framework for Child Access Prevention

Michigan enacted a significant child access prevention (CAP) law in 2023 that went into effect on February 13, 2024. This law makes adults criminally liable for storing or leaving a firearm unattended on premises under their control when a minor is or is likely to be present, if the minor obtains the firearm and either possesses or exhibits it in a public place, or possesses or exhibits it in the presence of another person in a careless, reckless, or threatening manner.

Under Michigan's CAP statute, gun owners can avoid liability only if they:

• Store the firearm in a locked box or container, or
• Keep the firearm unloaded and locked with a properly engaged locking device that renders it inoperable, or
• Store the firearm in their locked vehicle with the firearm in a locked box or container, or
• Keep the firearm unloaded and locked with a properly engaged locking device

The law does not apply to law enforcement, individuals who can prove they already purchased a qualifying trigger lock or gun case, or the sale of antique firearms.

Michigan also provides criminal liability for a parent of any child under age 18 whose child violates a state firearm-related law while on school property or in a school vehicle, if the parent had custody of the child and either knew the child would commit the violation or acted to further the violation.

In 2025, Michigan enacted additional legislation requiring the state Department of Health and Human Services to create a notice outlining safe storage laws, including frequently asked questions and guidance on obtaining gun locks and safes. This notice must be provided to all public and private schools for distribution to parents and guardians.

How Gun Safety Factors Into the Best Interest Analysis

Child custody decisions in Michigan are based on the court's determination of the "best interest of the child." Michigan courts evaluate multiple factors when making these determinations, including the child's physical and emotional needs, the parents ability to provide a stable environment, and the parents relationship with the child.

Historically, considerations of parental gun ownership and storage practices in custody determinations have been rare despite the well-documented dangers that unsecured firearms pose to children. Since 2020, firearms have been the leading cause of death for children between the ages of 1 and 19. The vast majority of child gun deaths occur at home, and more than 4.6 million children live in a home with at least one unlocked and loaded firearm.

However, the Crumbley and Gray convictions suggest this reluctance may be waning. Family law experts note that the failure to routinely consider parental gun practices, including gun storage and children's access, in custody determinations is notable not just because unsecured guns pose a significant danger to children, but because other less substantial risks regularly factor into custody decisions.

Factors such as perceived moral dangers, including a child's exposure to profanity or a parent's nonmarital relationship, are common considerations in custody determinations. Similarly, exposure to secondhand smoke or a child's obesity are also frequent considerations. The relative rarity of gun safety considerations suggests a deliberate unwillingness to link them with parental fitness, but recent case law indicates this may be changing.

Constitutional Considerations and Custody Disputes

One significant advantage of raising gun ownership concerns in custody disputes is that this approach largely avoids Second Amendment concerns regarding the constitutional right to bear arms. In child custody cases, the state operates outside the bounds of the Constitution to the extent of being freed from restrictions ordinarily generated by the constitutional rights of others.

In the 2011 South Carolina case Purser v. Owens, for instance, the family court considered the mother's abortion in its best-interest analysis and held that having an abortion demonstrated the mother was irresponsible and thus unfit. In the 2003 Virginia case Roberts v. Roberts, a father lost custody for his statements that women cannot do what men do. And in the 1985 Colorado case In re Marriage of Short, a court affirmed parents religious beliefs are a relevant factor in custody determinations.

These cases demonstrate that the fact that some parental behaviors are also constitutional rights does not mean they are excluded from custody determinations. The Crumbley and Gray cases proved that parents are paying attention to these trends, and this awareness may translate into custody disputes across Michigan and Kalamazoo County.

Practical Implications for Fathers in Kalamazoo County

For fathers navigating family court in Kalamazoo County, these developments have several important practical implications:

Documenting Safe Storage Practices

Fathers who want to present themselves as responsible parents should be prepared to document their safe storage practices. This can include:

• Photos of locked containers or safes in the home
• Proof of purchase for trigger locks or gun cases
• Records of firearm safety training or certification
• Documentation of any steps taken to secure firearms following the Crumbley convictions

Understanding the Other Parent's Practices

Fathers may also want to understand the other parent's firearm practices to determine if they pose a risk to the child. This includes:

• Whether firearms are stored in the home at all
• If stored, whether they are properly secured
• Whether the parent has any history of firearm-related incidents
• Whether the parent has completed any firearm safety training

Addressing Concerns Appropriately

When raising concerns about the other parent's firearm practices, fathers should:

• Focus on specific unsafe storage or handling practices rather than general gun ownership
• Provide evidence or documentation to support their concerns
• Avoid making accusations without factual basis
• Consider consulting with a family law attorney about the best approach for their specific situation

Understanding Michigan Law

Fathers should familiarize themselves with Michigan's child access prevention laws and how they apply to their situation. Understanding the legal requirements for safe firearm storage can help fathers both protect their children and present themselves as responsible parents in custody proceedings.

The Evolution of Case Law

The Crumbley case in Oakland County, where parents Jennifer and James Crumbley were convicted of involuntary manslaughter for their 15-year-old son's mass shooting at Oxford High School in 2021, marked a significant turning point. The case established that parents can be held criminally responsible for failing to secure firearms that their children access.

More recently, the 2026 conviction of Colin Gray in Georgia for murder related to his 14-year-old son's school shooting in 2024 has reinforced these principles and potentially expanded their application. During Gray's trial, it was revealed that Gray's estranged wife conducted an internet search for "school shooter parents charged with manslaughter" and called him to ask him to secure his guns after reading about the Crumbley convictions.

These cases have created a new awareness among parents about the potential custody implications of their firearm practices. Experts suggest that parents facing accusations of irresponsible gun practices may now have a strong incentive to modify their gun behavior to avoid losing custody.

What This Means for Custody Evaluations

As courts in Kalamazoo County and throughout Michigan begin to more routinely consider firearm safety in custody evaluations, fathers should be prepared to address this factor in their cases. This includes:

• Being honest about their own firearm practices
• Taking proactive steps to ensure safe storage if firearms are present in their home
• Understanding how the other parent's practices might affect custody determinations
• Consulting with family law attorneys about the best approach for their specific circumstances

Conclusion

The legal landscape for firearm considerations in child custody cases is evolving rapidly in Michigan. Following high-profile cases like Crumbley and Gray, courts may increasingly view irresponsible gun ownership and storage as relevant factors in determining the best interest of the child.

For fathers in Kalamazoo County navigating family court, understanding these developments is crucial. By familiarizing themselves with Michigan's child access prevention laws, documenting their safe storage practices, and understanding how firearm safety factors into custody determinations, fathers can better protect their rights and present themselves as responsible parents to the court.

As case law continues to develop and courts become more comfortable considering firearm safety in custody cases, the importance of responsible gun ownership and storage practices in family court proceedings will likely continue to grow. Fathers who proactively address these concerns and demonstrate their commitment to child safety will be better positioned to achieve favorable custody outcomes in Michigan family court.

*This article is for informational purposes only and does not constitute legal advice. If you are facing a family court matter, consult with a qualified family law attorney in your jurisdiction. Every case is unique, and this content is meant to educate and inform - not to replace professional legal counsel.*

Sources:

• University of South Carolina News - Irresponsible parental gun ownership could become a factor in custody disputes - https://www.sc.edu/uofsc/posts/2026/04/04-convo-gun-ownership.php
• Giffords Law Center - Child Access Prevention & Safe Storage in Michigan - https://giffords.org/lawcenter/state-laws/child-access-prevention-and-safe-storage-in-michigan/
• University of Michigan Institute for Firearm Injury Prevention - Michigan's Secure Firearm Storage Law - https://firearminjury.umich.edu/michigan-safe-storage/
• End Gun Violence Michigan - Safe Storage FAQ - https://www.endgunviolencemi.org/safe-storage
• The Conversation - Irresponsible parental gun ownership could become a factor in custody disputes - https://theconversation.com/irresponsible-parental-gun-ownership-could-become-a-factor-in-custody-disputes-278251
• Michigan MDHHS - Secure Storage Law - https://www.michigan.gov/mdhhs/safety-injury-prev/firearm-injury-prevention/secure-storage-law
• Purdue Exponent - Irresponsible parental gun ownership could become a factor in custody disputes - https://www.purdueexponent.org/news/national/irresponsible-parental-gun-ownership-could-become-a-factor-in-custody-disputes/article_99e81607-1a79-5953-a482-ef867fc71da9.html
• Daily Advance - Irresponsible parental gun ownership could become a factor in custody disputes - https://www.dailyadvance.com/news/national/irresponsible-parental-gun-ownership-could-become-a-factor-in-custody-disputes/article_63e4bddb-cce0-5ebc-a5e2-e1f17c8474fa.html
• Albianews - Irresponsible parental gun ownership could become a factor in custody disputes - https://www.albianews.com/news/national/article_2982db73-61bb-5cab-8b55-38ea91aad04a.html
• Northwest Signal - Irresponsible parental gun ownership could become a factor in custody disputes - https://www.northwestsignal.net/news/elections/article_dbd03fea-0106-5996-b6c6-f6b1185f8c62.html