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Police probe how 10-year-old boy got gun
Source: San Diego UT
SAN DIEGO Counselors were on hand at Dingeman Elementary School in Miramar Ranch Wednesday to help students and staff deal with the news that student Eric Klyaz died in an accidental shooting on Tuesday.
The fourth-grader and a neighbor girl got a hold of a pistol, which went off, fatally wounding the boy, San Diego police said.
Police continued to investigate how the children got the gun and whether the gun owners could face any criminal charges.
Read more: http://www.utsandiego.com/news/2013/jun/05/dingeman-shooting-eric-kylaz-miramar/
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Police probe how 10-year-old boy got gun (Original Post)
MindPilot
Jun 2013
OP
petronius
(26,603 posts)1. Current CA law with regard to firearm storage looks like this:
25100. (a) Except as provided in Section 25105, a person commits
the crime of "criminal storage of a firearm of the first degree" if
all of the following conditions are satisfied:
(1) The person keeps any loaded firearm within any premises that
are under the person's custody or control.
(2) The person knows or reasonably should know that a child is
likely to gain access to the firearm without the permission of the
child's parent or legal guardian.
(3) The child obtains access to the firearm and thereby causes
death or great bodily injury to the child or any other person.
(b) Except as provided in Section 25105, a person commits the
crime of "criminal storage of a firearm of the second degree" if all
of the following conditions are satisfied:
(1) The person keeps any loaded firearm within any premises that
are under the person's custody or control.
(2) The person knows or reasonably should know that a child is
likely to gain access to the firearm without the permission of the
child's parent or legal guardian.
(3) The child obtains access to the firearm and thereby causes
injury, other than great bodily injury, to the child or any other
person, or carries the firearm either to a public place or in
violation of Section 417.
25105. Section 25100 does not apply whenever any of the following
occurs:
(a) The child obtains the firearm as a result of an illegal entry
to any premises by any person.
(b) The firearm is kept in a locked container or in a location
that a reasonable person would believe to be secure.
(c) The firearm is carried on the person or within close enough
proximity thereto that the individual can readily retrieve and use
the firearm as if carried on the person.
(d) The firearm is locked with a locking device, as defined in
Section 16860, which has rendered the firearm inoperable.
(e) The person is a peace officer or a member of the Armed Forces
or the National Guard and the child obtains the firearm during, or
incidental to, the performance of the person's duties.
(f) The child obtains, or obtains and discharges, the firearm in a
lawful act of self-defense or defense of another person.
(g) The person who keeps a loaded firearm on premises that are
under the person's custody or control has no reasonable expectation,
based on objective facts and circumstances, that a child is likely to
be present on the premises.
the crime of "criminal storage of a firearm of the first degree" if
all of the following conditions are satisfied:
(1) The person keeps any loaded firearm within any premises that
are under the person's custody or control.
(2) The person knows or reasonably should know that a child is
likely to gain access to the firearm without the permission of the
child's parent or legal guardian.
(3) The child obtains access to the firearm and thereby causes
death or great bodily injury to the child or any other person.
(b) Except as provided in Section 25105, a person commits the
crime of "criminal storage of a firearm of the second degree" if all
of the following conditions are satisfied:
(1) The person keeps any loaded firearm within any premises that
are under the person's custody or control.
(2) The person knows or reasonably should know that a child is
likely to gain access to the firearm without the permission of the
child's parent or legal guardian.
(3) The child obtains access to the firearm and thereby causes
injury, other than great bodily injury, to the child or any other
person, or carries the firearm either to a public place or in
violation of Section 417.
25105. Section 25100 does not apply whenever any of the following
occurs:
(a) The child obtains the firearm as a result of an illegal entry
to any premises by any person.
(b) The firearm is kept in a locked container or in a location
that a reasonable person would believe to be secure.
(c) The firearm is carried on the person or within close enough
proximity thereto that the individual can readily retrieve and use
the firearm as if carried on the person.
(d) The firearm is locked with a locking device, as defined in
Section 16860, which has rendered the firearm inoperable.
(e) The person is a peace officer or a member of the Armed Forces
or the National Guard and the child obtains the firearm during, or
incidental to, the performance of the person's duties.
(f) The child obtains, or obtains and discharges, the firearm in a
lawful act of self-defense or defense of another person.
(g) The person who keeps a loaded firearm on premises that are
under the person's custody or control has no reasonable expectation,
based on objective facts and circumstances, that a child is likely to
be present on the premises.
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=25001-26000&file=25100-25130
Assuming that the gun owner was a family member of the girl, and chose to keep the gun in the garage - which seem like likely guesses - I think the only reason not to file charges would be 25105b or 25105d. If there was some sort of un-reported locking container or device that the children broke...
onehandle
(51,122 posts)2. Here's how: Gun lobby got unprecedented power and protection, then flooded 'merica with guns.
End of story.
petronius
(26,603 posts)3. San Diego man arrested in accidental gun death of 10-year-old boy
A San Diego man has been arrested on three felony charges in connection with the accidental shooting death of a 10-year-old boy, officials said.
Eric Klyaz was killed June 4 when he and a 9-year-old neighbor were playing with a gun they found in the girl's garage and the weapon discharged, according to the county medical examiner.
The gun was owned by the girl's father, Todd Conrad Francis.
Francis, 52, surrendered to police Tuesday afternoon and was booked into county jail on charges of child endangerment, negligent storage of a firearm, and involuntary manslaughter. He left jail Tuesday night after posting $100,000 bail.
--- Snip ---
Eric Klyaz was killed June 4 when he and a 9-year-old neighbor were playing with a gun they found in the girl's garage and the weapon discharged, according to the county medical examiner.
The gun was owned by the girl's father, Todd Conrad Francis.
Francis, 52, surrendered to police Tuesday afternoon and was booked into county jail on charges of child endangerment, negligent storage of a firearm, and involuntary manslaughter. He left jail Tuesday night after posting $100,000 bail.
--- Snip ---
http://www.latimes.com/local/lanow/la-me-ln-arrest-san-diego-shooting-boy-20130619,0,267882.story