HARTFORD, Conn. -- The day after a toddler accidentally shot himself with a gun found inside his Jewett City home, state Rep. Mike Lawlor explained the state's storage of firearms law.

Lawlor, D-East Haven, said that he received numerous inquires about the law the day after 2-year-old Wyatt Matteau died from a gunshot wound to the head.

Lawlor said that he helped pass a law in 1990 that allows for a gun's owner to be arrested if a child is killed or injured by a weapon that was not properly stored.

There are two relevant statutes that make up the law:

Sec. 53a-217a. Criminally negligent storage of a firearm: Class D felony. (a) A person is guilty of criminally negligent storage of a firearm when he violates the provisions of section 29-37i and a minor obtains the firearm and causes the injury or death of himself or any other person. For the purposes of this section, "minor" means any person under the age of sixteen years.

(b) The provisions of this section shall not apply if the minor obtains the firearm as a result of an unlawful entry to any premises by any person.
Sec. 29-37i. (Formerly Sec. 29-37c). Responsibilities re storage of loaded firearms with respect to minors. No person shall store or keep any loaded firearm on any premises under his control if he knows or reasonably should know that a minor is likely to gain access to the firearm without the permission of the parent or guardian of the minor unless such person (1) keeps the firearm in a securely locked box or other container or in a location which a reasonable person would believe to be secure or (2) carries the firearm on his person or within such close proximity thereto that he can readily retrieve and use it as if he carried it on his person. For the purposes of this section, "minor" means any person under the age of sixteen years.

Criminal jury instructions for this law:

8.2-23 Criminally Negligent Storage of a Firearm -- § 53a-217a

The defendant is charged with criminally negligent storage of a firearm. The statute defining this offense reads in pertinent part as follows:
A person is guilty of criminally negligent storage of a firearm when (he/she) improperly stores a firearm and a minor obtains the firearm and causes the injury or death of (himself/herself) or any other person.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1 - Improperly stored firearm.
The first element is that the defendant improperly stored a firearm. A "firearm" is any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver or other weapon.

Another statute provides that a person improperly stores a firearm when (he/she) stores any loaded firearm on any premises under (his/her) control if (he/she) knows or reasonably should know that a minor is likely to gain access to the firearm unless the firearm is kept in a securely locked box or other container or in a location which a reasonable person would believe to be secure or carries the firearm on (his/her) person or within such close proximity thereto that (he/she) can readily retrieve and use it as if (he/she) carried it on his person.

To find that the defendant improperly stored firearms, you must find that the defendant was criminally negligent. A person acts with "criminal negligence" with respect to a result or to a circumstance described by a statute defining an offense when he fails to perceive a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.

Element 2 - Obtained by minor
The second element is that a minor obtained the firearm as a result of the improper storage. A minor is any person under sixteen years of age.

Element 3 - Minor caused injury or death
The third element is that the minor caused injury or death to (himself/herself) or another person with the firearm.

Conclusion
In summary, the state must prove beyond a reasonable doubt that 1) the defendant improperly stored a firearm, 2) as a result of the improper storage, a minor obtained the firearm, and 3) the minor caused injury or death to (himself/herself) or another person with the firearm.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of the criminally negligent storage of a firearm, then you shall find the defendant guilty. On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.