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I'm in Mississippi grandchild gained access to unlocked

I'm in Mississippi grandchild...

I'm in Mississippi grandchild gained access to unlocked weapon and fired it, there was not injury or damage, what's Mississippi law concern child gaining access to gun.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Mississippi

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Child will be sent for behavior counseling concerning problems not concerning access to gun, it may be mentioned during counseling

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Answered in 2 minutes by:
1/12/2018
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 5,172
Experience: Over 30 years of experience
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Mississippi law is not as stringent as other state laws on this issue. Mississippi prohibits an adult from intentionally allowing a minor access to a fire arm. Other states impose criminal liability for negligence of an adult in allowing access, but Mississippi does not impose a criminal penalty for negligence.

Mississippi law provides that any parent, guardian or child custodian who knowingly permits any child under age 18 to own or carry concealed a concealable firearm shall be criminally liable for a misdemeanor, carrying a maximum fine of $1,000, and may be imprisoned in a county jail for not more than six months.

See:

https://law.justia.com/codes/mississippi/2013/title-97/chapter-37/general-provisions/section-97-37-15/

See this article for a detailed discussion of the laws in the US as compared to Mississippi:

http://leg.wa.gov/Senate/Committees/LAW/Documents/SummaryOfStateChildAccessPreventionLaws.pdf

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Customer reply replied 4 months ago
if the weapon was in another room that the child don't normally enter and the child entered that rood and the adult was not aware of it removed the weapon from the holster and fired it would that be considered intentional.

No. It would be Negligence in not securing the firearm. Intentional would be to show the child where the gun is and allow him to have access to it.

Gerald, Esq
Gerald, Esq, Lawyer
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Joycelaw
Joycelaw, Attorney
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Customer reply replied 4 months ago
sorry concerning all the questions....the has always been in the same place the last 11 years and the child knew where it was, he didn't have be shown where it was it always been there
Customer reply replied 4 months ago
sorry concerning all the questions....the has always been in the same place the last 11 years and the child knew where it was, he didn't have be shown where it was it always been there

If you knew he knew where it was, and you did nothing to secure it, and you knew he could access it then the District Attorney could try to prove you showed some intent in allowing the child access. But you said that it was in a room where he was not permitted and did not go into normally.

These things always depend on all the facts. I can't know all the facts, and I am not a judge or law enforcement.

I can tell you that the more facts that go to an adul'ts knowledge of the child's ability to access the weapon the more the facts point toward an intention by the adult. The more the facts go to the adult trying to secure the weapon, and the child getting access despite the adult's attempt to secure the more the facts point toward negligence.

I appreciate that you would like a yes/no black and white answer. But as you know life is genrally not like that.

In any event, I imaging that you have secured the weapon now with some sort of lock.

God luck.

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