LANSING, Mich. — State and federal laws allowed 43-year-old Anthony McRae to purchase a firearm soon after his probation for a gun crime ended in May 2021, 20 months before he was accused of going on a deadly shooting rampage Monday night at Michigan State University.
McRae was able to legally purchase, possess and own a firearm after he was successfully discharged from probation, Ingham County Prosecutor John Dewane told The Detroit News.
So far, authorities have not released the details of how and when the Lansing man obtained the weapon or weapons he is accused of using to kill three students and injure five others. But Michigan Attorney General Dana Nessel said Wednesday that individuals like McRae should be prevented from being able to buy guns right after their punishments for gun-related offenses conclude. Such a gun ownership prohibition would likely require a change in state law.
"I think that is one of the things that we have to seriously look at is how long it takes for someone to have their right to purchase or possess a firearm restored after a weapons-related conviction," Nessel told reporters. "That is absolutely something that we should be looking at."
A web of federal and state laws combined with the fact that Ingham County prosecutors in 2019 allowed McRae to plead guilty to a misdemeanor as they dismissed a more serious felony charge likely gave him the ability to own guns. The Lansing man likely violated MSU policy, which bans the possession of firearms on campus except for concealed carry weapon permit owners in certain locations.
McRae died from a self-inflicted gunshot wound after the mass shooting Monday night on a street in Lansing. His father, Michael McRae, told The Detroit News on Tuesday he believed his son purchased a gun through a Lansing pawn shop, Dicker and Deal. But Stacey Potter, general manager for Dicker and Deal, said he had reviewed a year of paper records, finding no record of a sale to Anthony McRae.
Michigan law limits the ability of felons to buy firearms until at least three years after they complete their prison terms or their probation.
McRae pleaded guilty in October 2019 to a misdemeanor, a charge of possession of a loaded firearm in or upon a vehicle, as part of an apparent deal in which prosecutors dismissed a felony charge of carrying a concealed weapon without a license to do so.
The Ingham County Prosecutor's Office's said the misdemeanor charge and the felony charge would have brought similar probation terms.
"Even if he were convicted by a jury of the original charge, Anthony McRae would not have been recommended for a jail or prison sentence," Dewane said.
McRae was under probation for 18 months, ending on May 14, 2021, less than three years before the Monday shooting, so he still would have been barred from possessing a gun under Michigan law if he had been convicted of a felony.
Forfeiting the gun?
McRae's 2019 arrest came after a Lansing police officer encountered him in a parking lot at about 3 a.m. McRae acknowledged he had a handgun with him but no concealed carry permit.
During his probation, he was banned from possessing any type of weapon. And court records indicate he had to forfeit the pistol that led to his case. A state law that allows the Michigan State Police to auction off or destroy confiscated weapons was listed with the charge McRae pleaded guilty to.
On Tuesday, Lt. Rene Gonzalez, public information officer for the Michigan State Police, said it would be the Lansing Police Department, which handled McRae's 2019 arrest, that would have records on what happened to McRae's gun.
Jordan Gulkis, public information director for the Lansing Police Department, told The News on Tuesday that the agency still has the gun from the 2019 arrest in its possession.
Jamie White, a lawyer based in Ingham County, said under some arrangements, it's possible for individuals to get their weapons back after completing their probation.
Michigan already has some tough gun laws, White said, including the limits on convicted felons owning firearms. He argued that increased background checks and improved mental health services could help prevent situations like what occurred Monday at MSU.
"I think it’s a multi-faceted approach," White said of what Michigan needs to combat gun violence.
What federal law says
Among the people prohibited from purchasing or possessing guns, under federal law, are those who were "convicted in any court of a crime punishable by imprisonment for a term exceeding one year," says the website of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives.
However, federal law exempts state-level misdemeanors with potential penalties of two years or less from the definition of "a crime punishable by imprisonment for a term exceeding one year."
The misdemeanor McRae pleaded guilty to in 2019 featured a maximum prison term of two years.
Matthew Schneider, a former Detroit U.S. attorney and a lawyer with the Honigman law firm, said he initially thought McRae would have been banned under federal law from possessing or purchasing a gun. But under further review, there is an argument that he couldn't be charged under the federal policy because of the nature of his misdemeanor, Schneider said.
Tracy Morris, public information officer for the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, declined to discuss McRae's weapon or weapons on Wednesday, directing a reporter to MSU police. MSU police spokeswoman Dana Whyte said more information about the investigation into the shooting would be released at a scheduled press conference to be held 10 a.m. Thursday.
Morris said the federal agency is running an emergency trace to investigate the origins of the firearm.
Nessel: Finding answers crucial
Nessel, the Democratic attorney general, told reporters Wednesday she didn't know whether McRae obtained his gun legally yet.
Key questions would be whether McRae got the guns while he was on probation, which would have been illegal, and whether anything was done to ensure he didn't have weapons while serving his probation term, Nessel said.
"How much are the lives worth of the three Michigan State University students who died and the other five that are struggling for their lives right now?" Nessel said. "I maintain that it's important to put the resources into this to make sure the people who shouldn't have guns don't have guns."
Michigan State University forbids the possession of firearms on campus “except as permitted by state law regulating firearms,” according to the policy. This means someone with a concealed carry weapon permit could have a concealed gun on campus in outdoor open spaces, such as sidewalks and green spaces, MSU spokesman Dan Olsen said.
Concealed weapons are banned inside university buildings and outdoor event spaces, such as Spartan Stadium, Olsen said. MSU’s weapons policy prohibits any open carrying of firearms, including individuals with concealed pistol licenses, he said.
But McRae's specific type of misdemeanor conviction in 2019 made him ineligible for a concealed carry permit for eight years, according to the Michigan State Police's website.
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