Bennie’s Law was enacted in 2023 to hold people responsible for letting a minor access a firearm
ALBUQUERQUE, N.M. —
Albuquerque mother Leigh Cleveland appeared in court Monday after her son accidentally shot his friend with her unsecured firearm.
According to the criminal complaint, Cleveland’s 14-year-old son accessed her gun on Aug. 22. Police said he was playing with the firearm in a bathroom with several friends inside their Manzano Street home when he accidentally shot his 14-year-old friend in the shoulder.
Investigators later found three firearms in drawers inside Cleveland’s office, according to the criminal complaint. Police said none of the guns were locked up, and two of the firearms contained loaded magazines.
The Bernalillo County District Attorney Sam Bregman is prosecuting Cleveland under Bennie’s Law.
“It actually is a law that enables us to hold the parent or the person who’s making that gun accessible to the kid accountable,” said Bregman.
Cleveland’s mother, who spoke at the home where the shooting occurred, said she believes the charge is unfair. She refused an on camera interview.
Bennie’s Law, named for 13-year-old Bennie Hargrove, took effect in 2023. Hargrove was shot and killed by another student at Albuquerque’s Washington Middle School in 2021. State Rep. Pamelya Herndon sponsored the legislation.
“But it was hopefully for a deterrent for families to understand. You have a duty and responsibility to keep firearms stored,” Herndon said.
KOAT’s investigation revealed that 22 people have been charged under Bennie’s Law in New Mexico since its inception.
“I think the law itself is a very successful piece of legislation. What I still contend and believe is that I need to have the district attorneys, when this law is applicable, to utilize it,” Herndon said.
“So I’m imploring every single adult out there who owns a firearm and wants to be a responsible gun owner to make sure that those guns are locked up,” said Bregman.
