Police Monday confirmed that the gun that discharged in a Bremerton classroom sending a large caliber bullet through a 3rd-grader’s arm and into her spine belonged to the boyfriend of the mother of the child that brought the gun to school. Both have been charged in connection to the shooting.

Bremerton Police say that Douglas A. Bauer’s lack of security with a loaded gun and his allowing easy access to the gun, established his guilt in the “unlawful” possession of a gun by a 9-year-old boy and ultimately led to the shooting of 8-year-old Amina Kocer-Bowman, said Bremerton Police Lt. Peter Fisher in a satement release just before the close of business Monday.

Along with Bauer, the mother of the boy who brought the handgun to school has been charged for illegally possessing two guns, which police found at her home on the day of the shooting. Police say they found a loaded Mossberg 500 12 gauge shotgun leaning against a night stand and a loaded Sig Sauer P226 9mm semiautomatic handgun sitting next to a computer. As a felon, Jamie Lee Passmore did not have a right to own or possess a gun.

Neither has been arrested. Fisher said Bauer and Passmore were out of state at a pre-planned event and would be arrested upon their return. At the moment, fisher said he was not concerned about the risk of flight.

According to police the 9-year-old boy that brought a H&K .45 cal. semi-automatic handgun with a round in the chamber to Armin Jarh Elementary School on Feb. 22, had visited his mom’s house when he took the gun. The Allyn area home had two loaded and unsecured guns out when police visited within hours of the girl being shot.

Kocer-Bowman remains in serious condition in a Seattle hospital following five surgeries.

Police say that the gun, with a round in the chamber, fired on its own while still in the boy’s backpack. The accidental discharge happened about one minute before school let out for Wednesday early release.

Police claim that her own actions of leaving loaded weapons around the house and allowing her son easy access to guns contributed directly to the shooting of Kocer-Bowman.

Kitsap County prosecutors recently said they would seek therapy and probation for the child that brought the gun to school. He was charged with third-degree unlawful possession of a gun.

The pistol that shot the girl sells for more than $1,000 and was originally developed for the U.S. military. It is typically sold with about nine variable trigger mechanisms that are either single or double action. The H&K .45 was subject to tests conducted during development in 1990, wich included “hard drops” from six feet, with a chambered round. The weapon passed industry and police testing without a discharge.

Kocer-Bowman’s family has hired an attorney who recently declared that the shooting was no “accident” and promised that he would lay blame before long and seek “justice.”