Authorities said the boy found the handgun inside a vehicle while his father was distracted by a payment problem at the restaurant.
BARTOW, FL — A 3-year-old boy died after getting hold of his father’s handgun and accidentally shooting himself inside a vehicle at a Burger King in Bartow, authorities said.
The shooting happened Thursday evening, Oct. 22, at the restaurant in the 100 block of East Van Fleet Drive. Polk County Sheriff Grady Judd said investigators believe the child found the firearm after his father removed it from his waistband while trying to resolve a problem paying for dinner. The boy was taken to Lakeland Regional Health, where he was pronounced dead. Authorities had not publicly released the child’s name.
Judd said the father and son arrived at the Burger King drive-thru at about 6:23 p.m. The father tried to pay with a credit card, but the transaction would not go through. The family had moved from Connecticut to Florida several months earlier, and Judd said the father had experienced problems with the card recognizing purchases made in Florida.
The father pulled into a parking space and began trying to resolve the payment issue, according to the sheriff. Investigators believe that while bending forward and dealing with the card, the father removed a Glock handgun from his waistband because it had become uncomfortable. He then placed the gun somewhere inside the vehicle. Judd said the father, who was distraught after the shooting, could not immediately remember exactly where he had put it.
The child was in the back seat at the time. Investigators believe he saw the handgun, picked it up and caused it to fire. Surveillance video reviewed by investigators showed the father reacting moments later and getting out of the vehicle, Judd said. A nearby person called 911 as emergency crews responded.
Bartow police officers began emergency care before the boy was taken to the hospital. Medical workers continued efforts to save him, but he was pronounced dead at about 7:30 p.m., according to authorities. Judd said the boy was four days away from his fourth birthday. Officials described the case as a preliminary investigation and cautioned that their understanding of the sequence of events could change as additional evidence was reviewed.
The Bartow Police Department is investigating the death with assistance from the Polk County Sheriff’s Office. Judd said investigators were examining surveillance video, interviewing people involved and documenting evidence from the vehicle. No evidence had been announced indicating that another person intentionally fired the weapon.
Florida law allows a third-degree felony charge in certain cases in which a loaded firearm is left within a minor’s reach or easy access and the child uses it to cause injury or death. The law also contains exceptions and requires investigators to submit findings involving the death of a minor to the state attorney for review. When a minor is accidentally shot by a family member, the law says an arrest under that provision cannot be made until at least seven days after the shooting.
Judd said shortly after the shooting that investigators were not recommending criminal charges based on the information then available, although the State Attorney’s Office would have authority to review the evidence and make a charging decision. Authorities had announced no arrest as of Oct. 26, and the investigation remained under review.
Author note: Last updated October 26, 2026.