Man Faces First Macomb County Charges Under New Gun Storage Law

WARREN, MI — A Macomb County father is facing charges under Michigan's new safe storage law after his 8-year-old son shot himself last Friday, according to the Macomb County Prosecutor's Office.

The 8-year-old boy remains in "extremely critical condition" after he shot himself in the head with an unsecured handgun inside a home at 25166 Hoover Road in Warren, according to prosecutors.

Theo Nichols, 56, was charged with second-degree child abuse, firearm safe storage violations and possession of a firearm by a prohibited person. He was placed in jail on a $250,000 bond. If convicted, he faces up to 10 years in prison. His next court date is scheduled for April 30.

He is the first Macomb County person charged under Michigan's new safe storage law, which went into effect earlier this year in February.

Prosecutors said Wednesday the boy climbed a chair and grabbed a loaded, unlocked, 40-caliber Glock pistol from atop a kitchen cabinet and shot himself inside the apartment last Friday afternoon.

The boy's parents, 6-year-old sister and twin infant siblings were also inside the apartment when the shooting happened, according to prosecutors.

No one else was injured in the shooting, according to prosecutors.

"No safes, lockboxes or gun locks were utilized or located anywhere inside this apartment," Lt. John Gajewski said.

Gajewski said Nichols told investigators that he bought the gun "from the street" for protection, since he cannot legally own a handgun because of his prior conviction for drugs.

Michigan's new safe storage law went into effect on Feb. 13, and requires gun owners to lock away their firearms if there is a minor in the house. The guns must be unloaded and locked with a trigger-locking mechanism or stored in a locked storage container.

More information on Michigan’s new gun laws can be found on the state’s website.