Kopis
Regular Member
Im sure no charges will be brought... now if it was you or I.... different story.
Good question. Sounds like someone would have to charge a 2 year old lolWhat would the charge be, given that he is presumed innocent of any crime?
What would the charge be, given that he is presumed innocent of any crime?
Are you suggesting something along the line of child endangerment?I'm guessing not having a firearm secure around children...
Are you suggesting something along the line of child endangerment?
IIRC Florida has laws governing firearms being secure around children. Apparently his was not.
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.
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.
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.
AND USES IT TO INFLICT INJURY OR DEATH UPON HIMSELF OR HERSELF OR ANY OTHER PERSON...... Close....but don't think anyone was injured...
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.
Perhaps, but not criminally so. :lol:
What would the charge be, given that he is presumed innocent of any crime?
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.
Nope. Storage != Carry.but he can be charged if his son did, because the gun obviously was not secure from a minor.
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.790.174(1)
A person who stores or leaves, on a premise[SUP]*[/SUP] under his or her control, a loaded firearm... and who knows or reasonably should know that a minor is likely to gain access to the firearm without the lawful permission of the minor’s parent
Why do you feel it's unfortunate?Also it is unfortunate unless there is a crime involved it is legal to lie to police in Florida,
The word PREMISE (singular) refers to a proposition for arguing a point a writer or speaker wants to make.
The word PREMISES (plural) would be the correct choice when referring to a location–land or the buildings on the land. It can also refer to a building or part of a building, as in "Our designer is located on the PREMISES." Therefore, the business profile sentence should read this way:
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.
Florida State Statue 790. Allowing a child to have
access or fail to stop a child from gaining access to
a firearm.