UPDATE: Christopher Upenieks, 29, was found in his parked pickup truck with a gunshot to his left knee today. His injuries were non-life threatening and he was tranported to the Mercy ER by the MCFD.
According to police, Mr. Upenieks had left his handgun unsecured in his truck and his 4 year-old son obtained the weapon and discharged it, striking his father’s leg. Upenieks has a valid license to carry the weapon. The Department of Human Services has been notified and charges are pending.
—-
At 2:00 pm, Monday, a emergency call was made to the Mason City Police Department of an accidental shooting at 509 4th St. NE.
A man called in to report that he was accidentally shot by his son in the knee area.
At the scene, the Mason City Police Department was investigating the incident.
It was reported that the gun used was a 45 Caliber Hollow Point.
The male was transported to Mercy Medical Hospital by ambulance.
724.4A Weapons free zones-enhanced penalties
1. As used in this section, “weapons free zone” means the area in or on, or within one thousand feet of, the real property comprising a public or private elementary or secondary school, or in or on the real property comprising a public park. A weapons free zone shall not include that portion of a public park designated as a hunting area under section 461A.42.
724.4B Carrying weapons on school grounds-penalty-exceptions
1. A person who goes armed with, carries, or transports a firearm of any kind, whether concealed or not, on the grounds of a school commits a class “D” felony. For the purposes of this section, “school” means a public or nonpublic school as defined in section 280.2.
724.30 Reckless use of a firearm
A person who intentionally discharges a firearm in a reckless manner commits the following:
1. A class “C” felony if a serious injury occurs.
2. A class “D” felony if a bodily injury which is not a serious injury occurs.
3. An aggravated misdemeanor if property damage occurs without a serious injury or bodily injury occurring.
4. A simple misdemeanor if no injury to a person or damage to property occurs.
94 Acts, ch 1172, §58
What was meant by this bit of info was that it was alleged that the father had his weapon on his person (vehicle) when he picked up his child from pre-school and as the law states.
I can’t believe this story brought the gun nuts out in support of this idiot father!!!
Joe, you did not read these replies very carefully. The “gun nuts” were NOT in support of this father. They are in support of responsible gun rights. The gun owners who responded to this article were appalled that this irresponsible father let his son get his hands on a loaded weapon and I’d bet most of them feel this father should have his gun rights taken away because of his negligence. Unfortunately, he was only charged with an aggravated misdemeanor and not a felony, so he may not lose his gun rights. People who wrote here are hopeful he has learned his lesson from this incident and will lock his guns up from now on.
You people who say “ban guns” are idiots. Because criminals will get guns whether they’re banned or not. Marijuana is illegal, yet I see dumbf*cks smoking all the time. Meth is illegal, yet you can’t step two feet in any direction without seeing a meth-head in Mason City. Ban guns and only criminals will have guns.
“Take meth away, it’s what’s causing all this misery!” I’ve never seen such a concentration of short-sighted an naive chumps in one place.
Okay here’s the deal. 1. Yes the Constitution guarantees the rights of ALL citizen’s to own firearms. Until someone does something that warrants the revocation of this right, there is nothing really one can or should do. However, upon doing something negligent, or purposefully villainous, the book should be thrown at them. This then guarantees that a natural deterrence is put in place. As for this individual case, the man should be charged with child endangerment as an absolute certainty. His gun rights should be revoked for a specified period of time. When it comes to a 4 year old child getting ahold of a firearm…there are no “accidents”. Only consequences, and liability.
So, felons should get to carry a firearm as well??
A felony should not be an automatic revocation of one’s Constitutional rights, only if a firearm was used in the commission of that felony, or if the felony was of a dangerous, violent, aggressive nature. There are many felonies which have nothing to do with violence.
I think the 4 year old should be charged as an adult.
Abosolutely crazy that a 4 year old had access to a gun in the first place. Completely the parents fault! Because of the parents neglect and stupidity this kid could have killed himself, or someone else! Charge him with child endangerment!
I would have to say that KARMA has taught both of these two man and child, a valuable lesson… and a painful one at that… The man got shot…do not leave your gun loaded around a child with hollow points in it so your child can shoot you with it… and the child…which im sure the father told him…do not play with that gun or it can hurt/kill someone or in this case…blow your dads knee clean off and you will feel terrible for it. There was a valuable lesson to be learned by both of these two. Everyone wants to jump on “Call the DHS” ban wagon..the guy was spending time with his son. It was an accident. BACK OFF!
Safety is no accident.
And if a man is want to lay his deadly weapon around where an unsupervised four year old can lay his hands on it, suffer the consequences.
He endangered the child, it does not get any more basic than that.
Oh Miss Wendy… are you serious?? I wonder if the child had shot himself instead if you would be telling everyone to “back off”? You are right in saying that it was an accident. But unfortunately, many bad things that happen are an “accident”. And unfortunately, lots of people pay heavily for their stupid actions/accidents, as should this father who can’t get his shit together long enough to make sure that gun wasn’t anywhere a 4 year old could get a hold of it. Wise up.
Pitbulls aren’t the problem its neglectful owners like for this instance.
That is like saying Charles Manson was not the problem, everyone around him was.
Why is my favorite breed being talked about in a story that involves a gun? Hmmmm. Ignorance at it’s best. I’m the proud dad to 3 Pitbulls & 2 children under 4. Good dogs, good kids. 🙂 I also have a gun & my children will never know where it is. Responsibility should be contagious.
Why on earth would you even involve pitbulls in this conversation?? There are ALOT of stupid people in the world… Not all gun owners, and not all pitbull owners. Can’t find anything else to write about for this story? Really????
Ya I think guns should be ban to irresponsible ppl who are ignorant enough to let a four yrs old get a hold of it. How does a 4 yr old accidentally get a hold of a gun right in front of their parent?
Ladies and Gentlemen, we have a nominee for Upper Class Twit of the year!
“Upenieks has a valid license to carry the weapon.”
Not anymore.
LOL
WHY was the gun where the child could get at it? WHY wasn’t the safety on? WHY hollow point bullets? HOW did a 4 year old pull the trigger on a 45 ca.? WILL he be charged for endangering the child (or others) or for the hollow point bullets? VERY lucky the child or perhaps another child was not injured or killed! Police better follow up.
Learn before you post. Your ignorance is astounding.
you should really learn before you post
WHY was the gun where the child could get at it? At best the father made a serious mistake; at worst, he’s an idiot.
WHY wasn’t the safety on? Many guns do not have a safety. Revolvers usually do not have a separate safety. Seeing as the article did not specify the type gun involve I believe it was a revolver, Why, because the buzz words the media likes to use in shooting incidents were missing (sic: automatic, AK-47 etc)
WHY hollow point bullets? Why not, it is not against the law to won hollow points. It could well have been: Wad-cutters, Soft-points, Flat-points and even Full metal jacketed.
HOW did a 4 year old pull the trigger on a 45 ca.? Caliber has nothing to do with trigger pull. That has been set by design/at the factory. Although some guns do have adjusting screws all can be set by a competent gunsmith. It can be set to small fractions of a pound to several pounds. I am sure the strength of a 4 year old will be sufficient to pull the trigger of most guns in the US.
WILL he be charged for endangering the child (or others) or for the hollow point bullets? That is up the the investigating authorities. And again why the fixation on hollow points. If he isn’t charge with anything; I sincerely hope that the father has learned to take the responsibility of owning a firearm seriously. Maybe be it would be better if he just sold it.
I said nothing about gun control and I am not for it. BUT this idiot does not deserve the priviledge and should be charged for his neglect. Also, I thought hollow point bullets were illegal. What is their purpose?
wow, that guy is dumb.. I know the family and it does not suprise me one bit something like that could happen.
sounds like this 3year old needs to practice alittle bit more!!!!
Janet waht is your point!!!!!!!
How often do kids get hurt because of misuse of fireworks? Let’s ban all fireworks!
Think of when kids start fires with matches that were not put up high. Let’s ban matches!
Drowning is the number one home accident. Let’s ban bathtubs and swimming pools!
Poisoning from medicines and household cleaning products cause accidents when they aren’t put in safe places. Let’s ban medicines and cleaning products!
Janet’s point is simply this!
Accidents are going to happen, that is why they call them accidents.
Banning guns, cleaning compounds, fireworks, bathtubs, automobiles/motorcycles, and on and on it goes is just plain foolish and impossible.
The liberal do-gooders want a law to ban everything and anything that causes a problem even if it was stupidity that caused it in the first place..
Exactly! If your going to own a gun, put it up where children cannot get it!
No different then leaving kids in a running car and looking surprised when they pull it into gear and go for a joy ride! What to do? Get rid of the car! Commons sense people, but then again that isn’t popular anymore.
That’s thepoint I was simply trying to make Patriot.
I’m not saying ban guns, but it seems we are seeing and hearing more and more about accidents and shootings. And with the new law, more people are carrying guns. And some of these people probably shouldn’t be. Just because they are given a permit, that makes them a safe gun owner, I think not.
I grew up in a hunting family, we always had guns, but not handguns. I do not have a gun in my home and probably never will.
This is a very sad story that could have had a very worse ending. Why was that man carrying a handgun to begin with? Why was it in his truck? And whay on earth was it where that little child could get a hold of it?
This is one person that should not have a gun permit.
Why is it that anybody can own a gun. And don’t start with the “right to bear arms” stuff. There just seems to be way too many idiots running around with guns. And then the guns are getting into the hands of the kids. Am I the only one seeing the problem here?
No I see a problem here too. It is the fact that “anyone can own a gun” is a false statement. Not everyone can own a gun.
“and don’t start with that right to bear arms stuff”
Yeah, that pesky old constitution sure gets in the way, don’t it?
Did you read about the woman that had a 1 month old baby at home and two guys broke into her house and she had to use a gun to protect herself and her child? I am for having guns!! If know one had the right to bear arms only the bad guys would have them. I do believe grown-ups are to be responsible for the safety of their children and keep the guns locked up and away from children
Fred, with some of the comments you’ve had on this site on other stories and now this comment, I certainly hope we never meet, I don’t think I would like you very well.
Alice I agree with you 100%. It is way to easy for the idiots in the world to get a hold of a gun. Something needs to be done to start limiting the number of guns out there and the ease of which one can get one.
Too bad, but I have a hard time feeling sorry for him. Its like those people who bring home pit bulls for the kids then act all surprised when it bites one of them. You’re only putting yourself at more risk by bringing dangerous things like guns into your home…and a 45 with hollow points, what good can possibly come out of that? Guns are made to maim and kill, so it should be of no surprise when it happens, even if its an accident. The only way to prevent it 100% is not getting a gun in the first place.
Let’s not start in about dogs & kids. They were known as the Nanny Dog because of how well they are with children. Don’t compare loaded guns to pets. Point is, if you have a permit to carry, keep it out of reach of your child. Accidents happen & truth be told this child will never touch anything he’s told not to again.
This child is going to feel guilt for the rest of his life for something that was his father’s fault. It was an attractive nuisance that the child couldn’t resist. I’ll bet this child has toy guns and how can they tell the difference at that age. The father should be punished legally in some way so that the kid will know down the road that it wasn’t his fault. The boy should not be removed from the family by the DHS. That only punishes him and makes him feel guilty and that should not happen.
Take the guns away, that’s what causing all this misery!
Wow the gub as just laying there minding its own business.. I get it blame the gun anyway. Blame anything but where the blam should be right. Get over it liberal!!!!!