I understand totally where people want to lock up the parent. I guess my mind just thinks different. I think about 1st off the parent is never going to be punished worse than a. losing their child and b. knowing their other child is going to live with this the rest of their life. If you lock the parent up then the child that is going to mentally sturggle when the figure out what they did is going to do it without that parents support. That puts the 2nd child in an even bigger mess not to mention it could end up being put in a foster home etc. I think something like so many hours of public speaking or communitty service speaking on the issue would save more lives + let the 2nd child have more stability. Just how my mind thinks on this case. No doubt the parent made a mistake but it was just that a mistake. I think they've suffered enough myself. I know a lot of jobs where you should have a gun handy in your vehicle. It was irresponsible but I can see when dealing with getting 2 little kids in a car how it could slip your mind.

 

So you argue to put the surviving child at risk as well? It's obvious this adult (do we know it it's a parent) is clearly irresponsible with firearms assuming that it's their firearm and they had knowledge that it was in the car and loaded. I would argue to get the surviving child away from this adult to keep them out of harm's way.

So you argue to put the surviving child at risk as well? It's obvious this adult (do we know it it's a parent) is clearly irresponsible with firearms assuming that it's their firearm and they had knowledge that it was in the car and loaded. I would argue to get the surviving child away from this adult to keep them out of harm's way.

 

 

I think stick has a valid concern about the impact on the surviving child. I also think RE (and others) think this person has shown to be irresponsible and it resulted in the worst possible consequence.

 

Would one fair punishment (not the only one) be that the person lose his right to carry a firearm? It seems reckless carelessness would be just cause for such a ruling.

LRCW is right the child actually shot itself. Different story than I had first heard. The family was from Sandy Hook. Said the dad went back into Chedder's. The mom was putting the child in the car seat. The other climbed into the front. There was a loud pop sound and the child was slumped over. People from that area say that the parents were good people.

I don't know the answer I just know that I couldn't imagine the pain (being a parent of 2) of knowing what just happened. You don't get over that.

Just as I typed that a friend from Sandy Hook updated his status. He is from Sandy Hook. He + others from there went on about how great of a family they are + what a sweet girl the mom is. Tough looking like it's not some redneck parents that you see sometimes and wonder how they have kids. Instead a loving family that made a major mistake. Prayers are with them.

I believe a charge of criminal negligence or negligent homicide fits the crime here. Basically, if you are obviously negligent or reckless in an act or omission to act in a manner that results in a death, this is the appropriate charge. Heartbreaking as it is, this level of negligence truly disturbs me and warrants legal action IMO. To me this is in some ways even worse than a drunk driver who kills someone in a car accident.

 

And please, will someone tell me an occupation where you need to carry a weapon in your car? The examples above about real estate just don't cut it. When the realtor goes into those rough neighborhoods, he is making a choice. If it is so bad that you feel you need to carry a gun, why are you going there? I just don't get it. I have worked in neighborhoods that many of you would call rough but carrying a loaded gun in my car just never seemed to make sense to me. I don't want to get off topic here. Bottom line, if someone wants to carry a weapon, they take on the onus of respecting the weapon and the consequences of any incident that results from negligent handling of the weapon.

I personally do not think the family should be charged but if they did, I can see that side of it and I wouldn't be outraged. I researched a few articles and prosecutors have the some freedom on the charges. Some cases there were charges, others not. It can range from a misdemeanor to a felony with over 10 years in prison.

 

This was an interesting article. I will quoted some of the highlights. http://edition.cnn.com/2009/US/04/21/forgotten.gun/index.html

 

A Florida boy remains in stable condition just days after he found his parents' long-forgotten handgun in a closet and accidentally shot himself in the head. His stepfather found Jacob Larson, 12, with a gunshot wound to the head Friday. The stepfather called 911. The sheriff's office says it's unlikely that they will face charges. The Centers for Disease Control and Prevention say that 17 states have child firearm access protection and safe-storage laws. Chief Assistant State Attorney Bruce Bartlett says that although laws are needed, an accident with a firearm can be a greater penalty than any judge could ever hand down. "Sometimes, the injury of a child is more severe from a punishment standpoint than any kind of criminal charge," he said. Bartlett said his office has filed charges in previous cases when there was culpable negligence on the part of a gun owner. But, he says, there are cases where accidents happen, not crimes.

 

I found this regarding Kentucky law so based on what I read, the parents will not be charged. Kentucky is not one of the 17 states requiring safe storage laws.

 

Consumer & Child Safety

 

 

 

Kentucky imposes no design safety standards on handguns. See Regulating Guns in America: Design Safety Standards for Handguns for a comprehensive discussion of this issue.

 

Locking Devices

 

 

Kentucky has no laws regarding locking devices for firearms. See Regulating Guns in America: Locking Devices for a comprehensive discussion of this issue.

 

Child Access Prevention

 

 

Kentucky does not impose criminal liability for negligent storage of a firearm, even if a child gains access to the firearm and causes an injury or death.

Negligence is negligence. The whole "the parent has suffered enough" argument doesn't wash. As far as the second child in this case is concerned, they deserve to lose that child as well for their negligence (stupidity).

 

I'll break the ice here: It seems to me that the ones most concerned about excusing the parent(s) are those who are concerned about a black eye coming upon the gun owners' rights club.

 

For the record, I own a gun, and support gun owners' rights. I am also vehemently against stupid, reckless people owning guns. If you have a child, you don't "forget" where a loaded gun is. If you do, you have no reason or right to have guns or children, frankly.

Negligence is negligence. The whole "the parent has suffered enough" argument doesn't wash. As far as the second child in this case is concerned, they deserve to lose that child as well for their negligence (stupidity).

 

I'll break the ice here: It seems to me that the ones most concerned about excusing the parent(s) are those who are concerned about a black eye coming upon the gun owners' rights club.

 

For the record, I own a gun, and support gun owners' rights. I am also vehemently against stupid, reckless people owning guns. If you have a child, you don't "forget" where a loaded gun is. If you do, you have no reason or right to have guns or children, frankly.

 

:thumb: I am with you 100% on this.

I find it interesting so many people are willing to give the parent a pass on this one. Seems to me it's a clear-cut case of child endangerment, just like in this example posted on the board just this morning:

 

http://www.bluegrasspreps.com/showthread.php?219381-Child-dies-after-being-left-in-a-car-outside-their-home

 

How again are these two situations different?

 

A momentery accident and leaving a child unattended for hours is very different to me.

An update on this tragedy.

 

 

Police have released additional details about an accidental shooting Saturday evening in the parking lot of an Ashland restaurant that claimed the life of a 2-year-old girl.

 

Among them were the name of the victim, Addison Tussey, and her parents, Gary and Brandy Tussey of Sandy Hook.

 

The shooting occurred about 6 p.m. outside Cheddar’s Casual Café adjacent to the Ashland Town Center. According to Ashland Police Department Maj. Todd Kelley, the department’s investigation revealed the shooting happened as follows:

 

The Tusseys had just finished dinner at Cheddar’s and Brandy Tussey went ahead and left the restaurant with the couple’s two children — Addison and a younger sibling — while her husband stayed behind to take care of the bill. As Brandy Tussey was placing the younger child in a safety seat in the back seat of the family’s Chevrolet Tahoe sport-utility vehicle, Addison climbed into the front-seat area.

 

Brandy Tussey was in the process of securing the infant in the safety seat when she heard a loud “pop,” looked up and saw Addison slumped over in the front passenger seat, Kelley said. The youngster had found a loaded small-caliber handgun in the vehicle’s center console storage compartment, taken it out and begun handling it, causing it to discharge. A round from the weapon struck the child in the left cheek area.

 

After seeing the blood on her daughter’s face, Brandy Tussey grabbed the child and ran screaming toward the restaurant. A number of Cheddar’s patrons tried to help her, Kelley said.

 

Addison was taken initially to King’s Daughters Medical Center, then flown to Cabell Huntington Hospital, where she was pronounced dead about 8:45

p.m.

 

 

http://dailyindependent.com/local/x1934377819/Childs-accidental-shooting

A momentery accident and leaving a child unattended for hours is very different to me.

 

Leaving a loaded gun in a car that young children will be in and out of regularly is not a momentary accident. It is negligence at its highest level and deserves the highest level of consequences possible if tragedy results.

Leaving a loaded gun in a car that young children will be in and out of regularly is not a momentary accident. It is negligence at its highest level and deserves the highest level of consequences possible if tragedy results.

 

:thumb:

Leaving a loaded gun in a car that young children will be in and out of regularly is not a momentary accident. It is negligence at its highest level and deserves the highest level of consequences possible if tragedy results.

 

So. Who should be charged?

 

The father. He wasn't present when it happened, can he be held responsible, his wife was in charge of the children at the time.

 

The mother. They said on the news that the gun was registered to the father. She may not have even known it was there. She probably felt her child was safely in the vehicle, allowing her to secure her younger child first.

 

Both? As stated in an earlier post. No Kentucky law was violated in the handling of the gun.

So. Who should be charged?

 

The father. He wasn't present when it happened, can he be held responsible, his wife was in charge of the children at the time.

 

The mother. They said on the news that the gun was registered to the father. She may not have even known it was there. She probably felt her child was safely in the vehicle, allowing her to secure her younger child first.

 

Both? As stated in an earlier post. No Kentucky law was violated in the handling of the gun.

 

The father. The gun is registered to him. Following a police investigation, they should be able to determine how the gun got into the car. I am assuming the father is the one who put it in the car. Bottom line, if you own the gun you are responsible.

 

I almost hate to put this out there because it is the least of the concerns in this incident, but anyone who owns a gun should want this guy prosecuted. When things like this happen it harms all those who are supporters of gun rights. The utmost duty of care is part of owning a weapon.

The father. The gun is registered to him. Following a police investigation, they should be able to determine how the gun got into the car. I am assuming the father is the one who put it in the car. Bottom line, if you own the gun you are responsible.

 

I almost hate to put this out there because it is the least of the concerns in this incident, but anyone who owns a gun should want this guy prosecuted. When things like this happen it harms all those who are supporters of gun rights. The utmost duty of care is part of owning a weapon.

 

And if no Kentucky law was violated in the handling of the gun. Then what?