A 10-year-old East Palatka boy was seriously injured hospitalized at Shands Gainesville Florida following a shooting involving a 14 year old family friend. THe home which is located on County Road 207 A in East Palatka is the site of the investigation of this tragedy. This Florida child’s gun shot injury was caused the the mishandling of a 9 mm pistol.
In Florida child shooting incidents, there are usually a variety of Florida civil and criminal laws that may apply. As such, it is helpful to have a Florida criminal lawyer and / or a Florida child injury lawyer in place to discuss the respective rights and responsibilities.
In Florida, a person can be prosecuted for exposing another person to person injury by “storing or leaving a loaded firearm within the reach or easy access of a minor (child under the age of 16), if the minor obtains the firearm and uses it to inflict injury or death upon himself or any other person.” See 784.05, Florida Statutes Regarding Liability for Injuries to a Child Resulting from a Gun Shooting. This section does not apply to the following situations:
1. The firearm was stored or left in a securely locked box or container or in a location which was reasonably believed to be secure or was locked with a trigger lock;
2. If the minor obtains the firearm as a result of an unlawful entry by any person;
3. Target or sport shooting accidents or hunting accidents; or
4. To members of the Armed Forces or police or other law enforcement with respect to firearm possession by a minor which occurs during or incidental to the performance of their duties.
Under this Florida statute, there is also a 7 day waiting period for the arrest of a family member who accidentally shoots a minor child.
There is a good web site that provides valuable resources and tips regarding Common Sense About Kids and Guns.