Bend School Shooting: Oregon Law Permitted Shotgun Purchase After Dismissed Charges

Four people died at Silver Rail Elementary School in Bend on Tuesday, prompting a review of how a 16 year old obtained a loaded shotgun.

The weapon was a Mossberg Maverick 88 pump action shotgun legally purchased by the shooter's mother, Shauntai Nickerson, in August. The firearm is registered in her name and typically costs between $250 and $300. Oregon law allows 16 and 17 year olds to possess rifles and shotguns if a parent or guardian provides the weapon.

Oregon statutes prohibit the sale of firearms to individuals convicted of a violent misdemeanor within the previous four years. Nickerson faced two assault accusations in 2023, but neither resulted in a conviction. A conviction in either case would have barred her from buying the gun. The first incident occurred in January 2023 outside a Taco Bell. A police report states Nickerson, then 40, and her daughter Ariel Swan, then 19, followed a woman in a white SUV and tried to run her over. Swan was charged with harassment and attempted fourth degree assault. Nickerson was not charged.

In a second incident in 2023, Nickerson was charged with assault and harassment against a different victim. She pleaded guilty to harassment in October 2023. Two weeks later, Deschutes County District Attorney Steve Gunnels' office dismissed the assault charge. In a statement on October 23, the office said the prosecutor believed there was insufficient evidence for a trial. Lewis & Clark Law School professor Tung Yin said the outcome likely reflected a plea bargain.

Yin noted that prosecutors exercise wide discretion in charging decisions. "There are so many crimes that people commit, prosecutors just can't charge them all, so they have to pick and choose," Yin said. Police have not stated a motive for the shooting, though Oregon Public Broadcasting reported investigators are examining links to extremist groups. The shooter was killed by a parent of two students at the school.

Court records show the shooter's father, Griffin J. John, has a felony conviction for assaulting a police officer and is currently homeless in Astoria. Nickerson was also a victim of domestic violence in 2014. Her then boyfriend Kyle Duncan pleaded guilty to felony assault and coercion against her. Those convictions were vacated after he completed a deferred sentencing program. University of Connecticut psychiatry professor Dr. Harold Schwartz said many people share traits like isolation and anger without becoming violent. "The single most significant difference is the availability of the weapon," Schwartz said.

National Institute of Justice data indicate that 77% of mass shooters legally accessed their firearms. More than 80% of school shooters took guns from family members. Nickerson, Duncan, and Swan did not return calls seeking comment.