Abby Zwerner: Six-year-old who shot his teacher used mother's gun

[Eugene]

Source: BBC

Abby Zwerner: Six-year-old who shot his teacher used mother's gun

9 January 2023

A six-year-old child used his mother's legally purchased handgun to shoot his teacher at a US school, police say.

In a news conference on Monday, police in Virginia said the child brought the pistol to school in his backpack.

The child intentionally shot his teacher, Abigail 'Abby' Zwerner, during class on Friday. Police say she managed to escort her students to safety before calling for help for herself.

Ms Zwerner, 25, remains in hospital in a stable condition.

-snip-

Read more: https://www.bbc.com/news/world-us-canada-64210387

______________________________________________________________________

Reported earlier:

Newport News boy ‘in shock’ after witnessing classmate shoot teacher (Washington Post)

The first-grade class at Richneck Elementary School in Newport News was in a small reading group about to go to art when one of their classmates pulled a handgun from his backpack and pointed it at his teacher, according to Brittaney Gregory, whose son was in the class. “She was going to confiscate it, and that’s when he shot,” she said.

https://wapo.st/3k3Kypo

[Sneederbunk]

1. A mother who shall not be named.

[Ocelot II]

3. She'll be named if/when she's charged.

Most media outlets have a policy of not naming people who are being investigated for a crime but haven't been charged yet.

[SoCalDavidS]

6. She Won't Be Charged

Virginia has some of the most lax gun laws. They do not require the securing of a firearm.

I have no doubt whatsoever that there will be no consequences in this matter.

We should be thankful that the teacher survived. The result would have been exactly the same if she had died.

[Ocelot II]

9. Actually, Virginia does have a law re: unsecured firearms.

§ 18.2-56.2. Allowing access to firearms by children; penalty.
A. It shall be unlawful for any person to recklessly leave a loaded, unsecured firearm in such a manner as to endanger the life or limb of any child under the age of fourteen. Any person violating the provisions of this subsection shall be guilty of a Class 1 misdemeanor.

B. It shall be unlawful for any person knowingly to authorize a child under the age of twelve to use a firearm except when the child is under the supervision of an adult. Any person violating this subsection shall be guilty of a Class 1 misdemeanor. For purposes of this subsection, "adult" shall mean a parent, guardian, person standing in loco parentis to the child or a person twenty-one years or over who has the permission of the parent, guardian, or person standing in loco parentis to supervise the child in the use of a firearm. https://law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-56.2/

Unfortunately it's only a misdemeanor.

§ 18.2-11. Punishment for conviction of misdemeanor.
The authorized punishments for conviction of a misdemeanor are:

(a) For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both. https://law.lis.virginia.gov/vacode/title18.2/chapter1/section18.2-11/

[Arkansas Granny]

2. What charges will be filled against the mother for not securing a firearm?

[VMA131Marine]

4. Well, let's start with child endangerment ...

[SoCalDavidS]

7. No Charges

Virginia has some of the least restrictive gun laws in the nation. No securing of a firearm is required.

At worst, they'll confiscate her weapon, but she can probably go right back out and buy a new one should that occur.

[Ocelot II]

10. See Post #9. Not securing a firearm re: kids under 14 *is* illegal.

It's a class 1 misdemeanor, up to 1 year in jail/$2500 fine.

[SoCalDavidS]

11. OK, Thanks For The Information

I'll still be surprised if the parent is charged. But we'll see.

As you pointed out, it's a misdemeanor, so even if they are, jail time seems doubtful.

This won't be the last time something like this happens in America. Land of the gun.

[stopdiggin]

13. the wording (as I read it) doesn't reassure

"unlawful for any person to recklessly leave a loaded, unsecured firearm .. "

So -- an 'unloaded weapon' could apparently be left on the kitchen counter - or in the sock drawer? And ammo nestled neatly in beside? And -- does 'secured' mean actually locked away in a gun cabinet? Or could that possibly mean on a shelf that is (purportedly) too high for the child to reach? (or any manner of other interpretations)

I would imagine this mother faces some sort of charges - primarily because of the notoriety the case has achieved. But as far as the actual statute reads .. ? Not impressed. Maybe slightly better than nothing, but ... I believe the saying is, "Drive a truck .. "

[Ocelot II]

14. Can a six-year-old load a 9mm handgun?

I doubt very much that the gun was lying around unloaded and the kid loaded it himself. You have to pull out the magazine and slide the bullets into it one at a time, and as you add more bullets it gets harder to load the magazine because as you add rounds, the spring is compressed more and the tension becomes stronger. I don't think a 6-year old could do it.

[stopdiggin]

15. I thought about that too

You could be right. (and you could also be wrong)
Example: loaded clip is sitting right beside the handgun in the sock drawer. Not loaded. And that 6 yr old is completely capable of slapping that clip into the handle. (And - while I concede the point as probably 'unlikely' - I'm not 100% convinced that a reasonable intelligent, and determined, 6 yr old couldn't feed at least a couple of rounds into a clip. Particularly one that has seen the task performed before?)

But, all a bit away from the point I was trying to make - which was I think the law is lax, and particularly vulnerable to interpretation. Leaving all sorts of room for end-arounds? (like sock drawers and true measures of 'security'?) And not necessarily in the specifics of this particular case. (where, as I said, I do think charges are likely)

[Lunabell]

5. Lock her up!

This is child endangerment in addition to other laws that were broken. Throw the book at this irresponsible parent and gun owner!

[SoCalDavidS]

8. Sorry, But I Wouldn't Count On It nt

[Arkansas Granny]

12. Are there grounds for a civil case?