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Marion County prosecutor sees a rise in gun charges in accidental shootings

The Marion County prosecutor tells 13News he's looking to file more charges in accidental shootings involving children.

INDIANAPOLIS — The Marion County prosecutor told 13News Tuesday he's looking to file more charges in accidental shootings involving children.

This comes after two children were accidentally shot in two separate shootings Sunday, Aug. 18.

"When you have these completely preventable crimes, that's the part that's disappointing where we just have to look around and say to us as a community we have to do better," Marion County Prosecutor Ryan Mears said.

According to the prosecutor's office, there were at least nine cases involving unintentional shootings and unsecured firearms in 2023. Mears said this is an increase from previous years.

When the prosecutor looks to file charges in an accidental shooting, he looks at two things: who were the adults responsible at the time and where the firearm was stored.

RELATED: IMPD continues to investigate 3 shootings involving children

If he decides to file charges, the adult or adults involved could face neglect of a dependent. This can range from a Level 6 to a Level 1 felony and 20-40 years in jail.

"The thought process from us is if you have a firearm, you have the duty and responsibility to store that firearm safely and put it in a place where a kid cannot have access to it," Mears said.

Right now, there is no safe storage law in Indiana. While state lawmakers have introduced one in recent sessions, they have never made it out of committee.

RELATED: Child in critical condition after apparent self-inflicted shooting on Indy’s northwest side

Mears told 13News if there was a set law, it would be easier for them to charge adults, and police would be able to have more enforcement on how guns should be stored.

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