Oregon Gun Law: Dismissed Charges Allowed Shotgun Purchase

Shauntai Nickerson legally purchased a Mossberg Maverick 88 pump-action shotgun in August 2026. The firearm, valued between $250 and $300, was registered in her name and later used by her 16-year-old son during the mass shooting at Silver Rail Elementary School in Bend that left four people dead. Law enforcement officials confirmed the purchase complied with state regulations at the time of the transaction.

Oregon statutes prohibit the sale of firearms to individuals convicted of a violent misdemeanor, including assault, within the four years preceding the purchase. Nickerson faced two assault accusations in 2023, yet neither resulted in a final conviction. Consequently, the statutory barrier did not apply. Had a conviction occurred in either instance, the subsequent purchase would have been illegal under state law.

The first incident occurred in January 2023. A Bend police report details how Nickerson, then 40, and her daughter Ariel Swan, then 19, allegedly assaulted a woman outside a Taco Bell. The report states Nickerson followed the victim in a white SUV, attempted to run her over, and shouted obscenities before both women exited their vehicles to attack the victim. Swan was arrested and charged with harassment and attempted fourth-degree assault. Officers noted Nickerson charged at them during the arrest, but she was neither arrested nor charged.

A second case emerged less than two months later. Nickerson was charged with assault and harassment involving a different female victim in her early 40s. Court records indicate she caused physical injury. In October 2023, Nickerson pleaded guilty to harassment. Two weeks later, Deschutes County District Attorney Steve Gunnels’ office dismissed the assault charge. In a statement released on October 23, the office explained that prosecutors believed the evidence was insufficient to secure a conviction at trial.

Tung Yin, a professor at Lewis & Clark Law School, suggested the dismissal likely reflected a plea bargain designed to avoid a costly and unpredictable trial. He noted that prosecutors maintain 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.

Investigators have not yet identified a motive for the shooting, though Oregon Public Broadcasting reported that authorities are examining possible links to extremist groups. The shooter, who was killed by a parent of two students at the school, had a complex family history. His father, Griffin J. John, 47, is homeless in Astoria and holds a felony conviction for assaulting a police officer. Nickerson was herself a victim of domestic violence in 2014, a case in which her then-boyfriend Kyle Duncan pleaded guilty to felony assault and coercion before his convictions were vacated following a deferred sentencing program.

Dr. Harold Schwartz, a psychiatry professor at the University of Connecticut who studies school shooters, noted that many individuals 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, while more than 80% of school shooters took guns from family members. Some media outlets reported the shotgun was a birthday gift, a detail the Oregon Journalism Project has not independently verified. Nickerson, Duncan, and Swan did not return calls seeking comment.