LAWSUIT SEEKS LIABILITY AND JUSTICE

Almost three months after Virginia teacher Abigail Zwerner was shot by a 6-year-old student, she filed a $40 million lawsuit Monday alleging school administrators shrugged off multiple warnings from staff and students who believed the boy had a gun and posed an imminent threat on the day of the shooting, and did so knowing the child "had a history of random violence."

Zwerner alleges that the school’s Assistant Principal Ebony Parker breached "her assumed duty" to protect Zwerner, "despite multiple reports that a firearm was on school property and likely in possession of a violent individual.” Also named as defendants are the Newport News School Board, former schools Superintendent George Parker III, whom the board voted to remove "without cause," and school principal Briana Foster Newton, who was transferred to a different role within the district.

Newport News Commonwealth's Attorney Howard Gwynn told NBC News last month that he would not seek charges against the boy, citing his age and inability to adequately understand the legal system, but said he was still weighing whether he might hold any adults criminally liable. The family of the boy said in a statement in January that the weapon was "secured" in the home and that they have "always been committed to responsible gun ownership and keeping firearms out of the reach of children.”

GEORGIA’S EFFORTS TO INCREASE SCHOOL SAFETY

One of Governor Kemp’s more concrete plans calls for Georgia Emergency Management & Homeland Security (GEMA) to create Behavioral Threat Assessment Teams to be deployed throughout the state and "respond to threats or concerning behavior that may be considered a pathway to violence" as well as "provide assistance and guidance to local schools, systems, and communities in an effort to mitigate potential threats to life.” The rundown of state efforts includes law enforcement presence - including eight Homeland Security Coordinators around the state "whose primary function is to assist schools and local law enforcement with school safety," several training programs and a number of safety reviews. 

GEORGIA INITIATIVES

When the Constitutional Carry Act was passed which allows non-felons to carry firearms without a permit, Atlanta City Council member Lewis guided a new ordinance through Atlanta City Council that calls for the City to hand out 2,000 free lockboxes to encourage gun owners to safely store their guns in their cars and at home. The lockboxes are aimed at deterring accidental shootings and reducing the theft of unsecured firearms and the crimes that stem from them.  

In February of this year, state lawmakers announced their intention to make gun ownership and use safer by enacting legislation targeting threat assessment and safe storage. “Gun violence is indeed a public health crisis,” State Rep. Michelle Au said. “As of 2020, the number one cause of death in children and teenagers in the United States is gun violence.” The lawmakers called for bipartisan support at the state capitol pertaining to legislation that would require universal background checks for firearms transfers and purchases as well as a three-day waiting period and would make it a crime to not adequately secure a firearm. “We cannot gun-proof children, but research has shown that we can prevent 85% of pediatric unintentional gun deaths and more than 75% of suicides with safe storage,” Pediatric Emergency Room Doctor Sofia Chaudhary said.

EXTREME RISK LAWS AND SAFE STORAGE LAWS

Currently, Georgia does not have Extreme Risk laws or Child Access Prevention (safe storage) laws. Following the tragic school shooting in Nashville, Tennessee, the Giffords gun violence prevention organization founded by former Congresswoman Gabby Giffords released the following statement: ’“This horrific tragedy underscores why violence intervention and extreme risk protection order laws are so important. The Nashville shooter bought multiple guns legally and their parents were concerned about their access to guns. In states with extreme risk protection orders, family members or law enforcement have a legal process they can use to ensure those who pose a danger to themselves or others don’t have guns.”

Child Access Prevention laws, sometimes known as Safe Storage Laws, are also effective tools in keeping guns out of the hands of those who should not have them—in this case, children. Eight states and the District of Columbia, as well as several cities including New York and San Francisco, have laws mandating that owners secure their firearms. Fifteen states have passed child access prevention (CAP) laws, which generally provide that if a minor accesses a firearm, the person who failed to adequately secure the firearm is liable. Six states have storage laws that are also aimed at preventing access to firearms by persons legally prohibited from having them. Public awareness is also critical to ensuring that guns are stored securely. The Moms Demand Action Be SMART program is one of many models that can be used by public officials and members of the community to build awareness of the importance of secure firearm storage.



CONTACT A PERSONAL INJURY ATTORNEY

If you or someone you know has been injured by gun violence, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights.