Gun Purchase: Background Check Laws

For families in Oregon, the path to buying a firearm involves specific checks that distinguish between being accused of a crime and being convicted of one. The recent shooting at Silver Rail Elementary in Bend has placed focus on how a 16-year-old accessed a loaded shotgun. According to records reviewed by the Oregon Journalism Project, the weapon belonged to his mother, Shauntai Nickerson, who legally purchased the Mossberg Maverick 88 pump-action gun in August. This purchase followed two separate assault accusations against her in 2023, neither of which resulted in the conviction required to block such a transaction.

Under Oregon law, the state prohibits selling firearms to individuals convicted of violent misdemeanors, including assault, within the previous four years. Because Nickerson did not receive a conviction for the alleged assaults, she remained eligible to purchase the weapon. Oregon permits individuals aged 16 and 17 to possess rifles and shotguns provided a parent or guardian supplies them. The firearm typically retails for $250 to $300, though officials have not disclosed where it was acquired.

The first incident involving Nickerson occurred in January 2023. A Bend police report states that Nickerson and her daughter, Ariel Swan, confronted a woman outside a Taco Bell. According to the report, Nickerson attempted to run the woman over with a white SUV before both she and Swan physically attacked her. While Swan was arrested and charged with harassment and attempted assault, Nickerson was not arrested or charged in connection with this event.

Less than two months later, Nickerson faced a second set of charges in a different case. She was charged with assault and harassment involving a different victim, though court records provide no police report or further details beyond noting that she caused physical injury. She pleaded guilty to the harassment charge in October 2023, and the Deschutes County District Attorney's office dismissed the assault charge shortly thereafter. An Oct. 23 statement from the office indicated the prosecutor did not believe there was enough evidence to win at trial.

Tung Yin, a professor at Lewis & Clark Law School, suggested the outcome likely reflected a plea bargain, which allows both parties to avoid a lengthy and unpredictable trial. He also noted that prosecutors and police must exercise discretion in their work. "There are so many crimes that people commit, prosecutors just can't charge them all, so they have to pick and choose," he said.

The circumstances surrounding the shooter's family history are complex. Court records describe a chaotic childhood, noting that his father, Griffin J. John, has a felony conviction for assaulting an officer along with other misdemeanor charges, and is homeless in Astoria. Nickerson was also a victim of domestic violence; her former boyfriend, Kyle Duncan, pleaded guilty to felony assault and coercion against her in 2014, though those convictions were later vacated after he completed a deferred sentencing program.

Dr. Harold Schwartz, a psychiatry professor at the University of Connecticut who studies school shooters, noted that while many people share traits like isolation and anger, one factor often distinguishes those who become violent. "The single most significant difference is the availability of the weapon," he said. National Institute of Justice data indicate that 77% of mass shooters legally accessed their firearms, and more than 80% of school shooters took guns from family members. Police have not discussed a motive for the shooting, though investigators are examining possible links to extremist groups.