Legal Loophole Allowed Mother to Buy Shotgun for Son Who Killed Four at Bend School
A lack of final assault convictions in 2023 permitted a Bend mother to purchase the firearm later used in a deadly attack at a local elementary school.
By Fatima Popov ·

One week has passed since four people were killed at Silver Rail Elementary School in Bend, and questions are now rising about how the shooter obtained his weapon. The 16-year-old student carried a loaded shotgun into his former school, and records reviewed by the Oregon Journalism Project reveal the gun belonged to his mother. She had faced two assault accusations in the years prior to buying it, yet she was still able to complete the purchase.
Law enforcement officials confirmed that Shauntai Nickerson legally bought the Mossberg Maverick 88 pump-action shotgun in August. The firearm is registered in her name and typically costs between $250 and $300. Although officials have not disclosed the specific store where she bought it, Oregon law allows 16 and 17-year-olds to possess rifles and shotguns if a parent or guardian provides them.
State law prevents the sale of firearms to anyone with a violent misdemeanor conviction, such as assault, from the previous four years. Because neither of the 2023 accusations against Nickerson resulted in a final assault conviction, this restriction did not apply to her. Had she been convicted in either case, the purchase would likely have been illegal.
The first incident occurred in January 2023, when Nickerson, then 40, and her 19-year-old daughter Ariel Swan allegedly assaulted a woman outside a Taco Bell. Police reports state that Nickerson followed the victim in a white SUV, attempted to run her over, and then both women attacked her. The pair claimed the victim slept with Nickerson's ex-boyfriend, but the victim denied knowing them. Swan was arrested and charged, while Nickerson charged at officers but was not charged herself.
Less than two months later, Nickerson faced separate charges of assault and harassment involving a different woman. Court records indicate she caused physical injury but offer few other details. She pleaded guilty to harassment in October 2023, and two weeks later, the Deschutes County District Attorney's office dismissed the assault charge. In a statement on October 23, the office explained that prosecutors 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. He noted that prosecutors have wide discretion in deciding which cases to pursue. Yin explained that because there are so many crimes committed, prosecutors must pick and choose which charges to bring to trial to avoid lengthy and costly proceedings.
Police have not yet discussed a specific motive, though Oregon Public Broadcasting reported that investigators are looking for links to extremist groups. The shooter was killed by a parent of two students at the school. Court records describe a chaotic childhood for the boy, noting his father has a felony conviction for assaulting a police officer and is currently homeless in Astoria. Nickerson was also a victim of domestic violence, though her ex-boyfriend's convictions were vacated after he completed a deferred sentencing program.
Dr. Harold Schwartz, a psychiatry professor who studies school shooters, noted that many people share traits like isolation and anger without turning violent. He emphasized that the availability of the weapon is the most significant difference. National Institute of Justice data show that 77% of mass shooters legally accessed their firearms, and more than 80% of school shooters took guns from family members. Some outlets have reported the gun was a birthday gift, a detail the Oregon Journalism Project has not verified. Nickerson and other family members did not return calls seeking comment.
Source: Willamette Week





