Irresponsible parental gun ownership could become a factor in custody disputes

The first parents convicted of involuntary manslaughter for a mass school shooting committed by their child were Jennifer and James Crumbley. The Crumbleys were convicted in 2024, after their 15-year-old son Ethan killed four students at Oxford High School in Michigan in 2021.

In March 2026, Colin Gray became the first parent convicted of murder for a mass shooting carried out by his child. His son, Colt, 14, killed two students and two teachers in 2024 at Apalachee High School in Georgia.

Critics of the Crumbley and Gray decisions worry that holding parents responsible for school shootings may lead to parental accountability for a broad range of children’s actions.

This is possible, but I believe it is unlikely.

That’s because parents already have long been held liable for the actions of their children, as Baylor law professor Dyllan Taxman notes. The previous failure to find parental liability for gun dangers was the exception.

But even if the Crumbley and Gray convictions do not portend the beginning of parental convictions for a new and wide-ranging category of parental actions, they do suggest a growing belief that parents who allow their children easy access to guns are dangerous and unfit.

As a family law scholar, I think this changing view about parental gun ownership may have significant ramifications for parents in other legal contexts, most notably custody determinations.

Guns and best interests

Child custody decisions in the U.S. are based on a court’s determination regarding the “best interest of the child.” Irresponsible gun ownership can be a factor in such conclusions, but historically such considerations have been rare.

This absence is shocking given the well-documented dangers that unsecured firearms pose. Since 2020, firearms have been the leading cause of death for children between the ages of 1 and 19. The statistic includes accidental shootings as well as homicides and suicides. 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.

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.

Perceived moral dangers, such as a child’s exposure to profanity or a parent’s nonmarital relationship, are common factors in custody determinations. Similarly, exposure to secondhand smoke or a child’s obesity are also frequent considerations.

Consequently, while the consideration of parental gun behaviors is not entirely absent from custody decisions, its relative rarity suggests a deliberate unwillingness to link them with parental fitness considerations.

The Crumbley and Gray convictions suggest this reluctance may be waning.

Loss of custody as a deterrent

School shootings are relatively rare, but custody disputes are not.

Consequently, if irresponsible gun ownership becomes a common consideration in custody decisions, the implications for gun safety could be substantial. That’s because this approach avoids the pitfalls of previous gun control attempts.

Unlike other gun safety measures, the consideration of gun ownership in custody cases largely avoids Second Amendment concerns regarding the constitutional right to bear arms. As William & Mary law professor James Dwyer notes, in child custody cases the state operates “outside the bounds of the (Constitution) … to the extent of being freed from the restrictions ordinarily generated by the constitutional rights of others.”

The result is that constitutionally protected behaviors are frequently considered in custody decisions.

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.

As these cases demonstrate, the fact that some harmful parental behaviors are also constitutional rights doesn’t mean they’re excluded from custody determinations.

A second benefit of raising gun ownership in a custody dispute is that the parent raising this issue does not need to be a gun control advocate. They don’t need to dislike guns, and they can even be a gun owner themselves.

For gun ownership to become relevant, a parent simply needs to argue that the other parent’s gun practices are irresponsible compared to their own. If this increases a parent’s custody prospects, it can be assumed many parents will make this argument.

Parents are paying attention

For parents facing accusations of irresponsible gun practices, the potential loss of custody should provide a strong incentive for modifying their gun behavior.

Case law demonstrates that parents routinely refrain from behaviors that could hurt their custody case. And there is every reason to expect the same result with gun ownership.

Importantly, the Gray case already proved that parents are paying attention to these trends. During his trial, it was revealed that about a week before the September 2024 shooting, Gray’s estranged wife – and Colin Gray’s mother – Marcee Gray, did an internet search for “school shooter parents charged with manslaughter.”

Then, after reading articles about the Crumbley cases’ convictions, she called Colin and asked him to secure his guns. Although Colin ignored his wife’s warning, the next parent might listen, especially when the warning is coming from a divorce attorney.

Should irresponsible gun ownership become a common factor in custody disputes, parents will be advised to secure their guns, and many will heed this advice, I believe. The Crumbley conviction almost prevented Colt Gray’s access to firearms.