Harrington said she needs to file a “legislative history” with the court detailing the intent of legislators when they decided to pass the firearms law in 2001.
The law has only applied twice in 12 years — including a Fremont case where a young child accidentally shot and killed his father, Harrington said. Both cases led to convictions and fines, she said.
Defense attorney Alan Cronheim, who was unavailable for comment after the conference, intends to ask that the charge be dismissed, she said.
If convicted, Parsons could face a fine of up to $1,000, but no jail time. A trial date has not been set.
Rockingham County Attorney James Reams has said his office decided to charge Parsons because of the shooting’s severity and to send a message to gun owners they need to take precautions.
He said the Glock 22 .40-caliber handgun was left on top of a closet safe, where Parsons regularly stores the weapon.
Jacob, a Timberlane Regional High School freshman who wrestled and played football, is the son of Parsons’ girlfriend, Debbie Carver. The boy’s father, Geoffrey Carver, has called Parsons “very irresponsible,” but declined to comment further.