Four-Year Rule Left $300 Shotgun in Reach After Dismissed Charges

The legal purchase of a pump-action shotgun in August stands as the central mechanism that placed the weapon in the hands of the 16-year-old who killed four people at Silver Rail Elementary School in Bend.

Law enforcement records confirm that Shauntai Nickerson, the shooter's mother, bought a Mossberg Maverick 88 shotgun in August. The firearm was registered to her name and typically costs between $250 and $300. Officials have not disclosed the specific retailer. Oregon statutes allow 16- and 17-year-olds to possess rifles and shotguns when a parent or guardian provides the gun. Nickerson's legal status as a purchaser was unchallenged because she had not been convicted of a violent crime within the previous four years.

Oregon law prohibits the sale of firearms to individuals with a conviction for a violent misdemeanor, such as assault, within the preceding four-year period. Nickerson faced two assault accusations in 2023, but neither resulted in an assault conviction. This technicality kept her eligible to buy the weapon. Had she received a conviction in either instance, the sale would have been barred under state rules.

The first incident occurred in January 2023 outside a Taco Bell in Bend. A police report details how Nickerson, then 40, and her daughter Ariel Swan, then 19, assaulted a woman. The report states Nickerson followed the victim down an alley in a white SUV, attempted to run her over, and yelled obscenities before the two women attacked her. Swan was arrested and charged with harassment and attempted fourth-degree assault. Nickerson was not arrested or charged, despite reports that she "charged" at officers during the scene. The pair claimed the victim had slept with Nickerson's ex-boyfriend, a claim the victim denied.

In a second, unrelated case less than two months later, Nickerson was charged with assault and harassment involving a woman in her early 40s. Court records note she caused "physical injury" but provide no further police detail. Nickerson pleaded guilty to harassment in October 2023. Two weeks later, the office of Deschutes County District Attorney Steve Gunnels dismissed the assault charge. The prosecutor's office stated on October 23 that it did not believe there was sufficient evidence to secure a trial victory.

Tung Yin, a professor at Lewis & Clark Law School, suggested the outcome likely reflected a plea bargain. Such agreements allow both parties to avoid the cost and unpredictability of a full trial. Yin noted that prosecutors and police hold wide discretion in these decisions. "There are so many crimes that people commit, prosecutors just can't charge them all, so they have to pick and choose," he said.

Investigators have not released a motive for the shooting, though Oregon Public Broadcasting reported they are examining possible links to extremist groups. The shooter was killed by a parent of two students at the school. Court records describe the shooter's chaotic upbringing, including a father, Griffin J. John, 47, who is homeless in Astoria and has a felony conviction for assaulting a police officer. Nickerson was previously a victim of domestic violence; her then-boyfriend Kyle Duncan pleaded guilty in 2014 to felony assault and coercion against her, convictions that were vacated after he completed a deferred sentencing program.

Dr. Harold Schwartz, a University of Connecticut psychiatry professor who studies school shooters, emphasized that while many people share traits like isolation and anger, the availability of the weapon is the key differentiator. "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. Nickerson, Duncan, and Swan did not return calls seeking comment.