It is a kick in the gut tragedy. I would think the owner of that gun is already punishing himself far greater than a jail sentence.
It is like the guy who backs his pickup over his 3 yr old son in the driveway. Do you really need to give this guy an unsafe driving ticket. Am just surprised they don't commit suicide after killing a kid.
What would be revealing is the house the gun was kept in. Is a trash heap with other weapons laying around or did someone have a brain fart and leave their pistol on the night stand.