Kopis
Regular Member
Im sure no charges will be brought... now if it was you or I.... different story.
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Clay deputy's son, 2, accidentally fires father's gun inside Wendy's;
- Thread starter OC for ME
- Start date
Primus
Regular Member
Good question. Sounds like someone would have to charge a 2 year old lol
WalkingWolf
Regular Member
I'm guessing not having a firearm secure around children...
JoeSparky
Centurion
Are you suggesting something along the line of child endangerment?
WalkingWolf
Regular Member
IIRC Florida has laws governing firearms being secure around children. Apparently his was not.
notalawyer
Regular Member
WalkingWolf
Regular Member
790.22
(4)(a) Any parent or guardian of a minor, or other adult responsible for the welfare of a minor, who knowingly and willfully permits the minor to possess a firearm in violation of subsection (3) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4)(a) Any parent or guardian of a minor, or other adult responsible for the welfare of a minor, who knowingly and willfully permits the minor to possess a firearm in violation of subsection (3) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Primus
Regular Member
So your alleging his guy KNOWINGLY AND WILLFULLY PERMITTED his kid to possess the gun in the store?
Lol
WalkingWolf
Regular Member
784.05 Culpable negligence.—
3) Whoever violates subsection (1) by storing or leaving a loaded firearm within the reach or easy access of a minor commits, if the minor obtains the firearm and uses it to inflict injury or death upon himself or herself or any other person, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
3) Whoever violates subsection (1) by storing or leaving a loaded firearm within the reach or easy access of a minor commits, if the minor obtains the firearm and uses it to inflict injury or death upon himself or herself or any other person, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Primus
Regular Member
AND USES IT TO INFLICT INJURY OR DEATH UPON HIMSELF OR HERSELF OR ANY OTHER PERSON...... Close....but don't think anyone was injured...
notalawyer
Regular Member
The minor did not possess the firearm, his father did. :banghead:
And if you attempt to imply that the child (by pulling the trigger) was possessing it, it was not permitted knowingly and willfully by his father.
Care to try for another statute?
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WalkingWolf
Regular Member
Bullet fragments bouncing off the floor also struck the boy’s grandfather as well as two female customers who were standing nearby.
WalkingWolf
Regular Member
The minor did not possess the firearm, his father did. :banghead:
And if you attempt to imply that the child (by pulling the trigger) was possessing it, it was not permitted knowingly and willfully by his father.
So the father actually discharged the firearm? The child had to have at least his finger on the unsecured firearm to discharge it. But to be honest I believe the officer is blatant liar, and the child did not discharge it, HE DID. He would rather blame a two year old than admit he is an idiot.
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notalawyer
Regular Member
Perhaps, but not criminally so. :lol:
WalkingWolf
Regular Member
No from what I have seen if he negligently discharged his firearm in a public place he can't be charged. Unless he willfully discharged the firearm, but he can be charged if his son did, because the gun obviously was not secure from a minor. Now we know he will not be, and if it happened to a LAC they probably would be.
Also it is unfortunate unless there is a crime involved it is legal to lie to police in Florida, so he cannot be charged with that. But that does not mean he cannot be fired from his job, for both lying, and being stupid. What kind of moron police officer is so stupid and situational dumb to not notice a minor sticking a hand in the pocket that holds your gun? Ohhh never-mind I already know the answer.
Imagine that~~ a gun grab committed by a two year old on a conceal carrier. Kinda blows the OC gun grab myth out of the water. I don't know any OCers were a two year old fired their gun.
twoskinsonemanns
Regular Member
Florida State Statue 790. Allowing a child to have
access or fail to stop a child from gaining access to
a firearm.
notalawyer
Regular Member
Nope. Storage != Carry.
In this story, the firearm was not 'stored' or 'left' on a premises. Additionally, although not applicable to this situation, no reasonable person would suspect that a minor is likely to gain access to a firearm in a pocket or a holster without consent of his/her parent.
Why do you feel it's unfortunate?
And it's not just when a crime is committed it is a very specific set of crimes and only when the 'lie' is a material fact in relation to the crime being investigated. None of which apply when discussing the presence of a firearm. As it should be.
[SUP]*[/SUP] Editorial comment on the statutory language:
OC for ME
Regular Member
It does not have to be a weapons charge.