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The family of a gun instructor shot dead by a nine-year-old girl with an Uzi submachine gun are suing over his death.

Charles Vacca, 39, was killed when he was shot in the head by a stray bullet after the young girl was unable to control the recoil on the weapon.

A harrowing video of the moments leading up to the incident shows the girl, dressed in pink shorts and with a braided ponytail, being given instructions as she aims at a black and white target shaped like the silhouette of a man.

Vacca, a former soldier, is heard encouraging the girl to take a shot, and then says: "All right, full auto."

The little girl, who was unhurt, was not charged with any criminal offence following the incident in Arizona in August 2014.

(Image: Reuters)

Now, a wrongful death lawsuit has been filed by Vacca's wife Stephanie against the range and its owner.

The lawsuit alleges Bullets and Burgers Corp acted negligently at the outdoor facility and claims the girl received "limited instruction" on firing the Uzi and never should have been given the weapon.

The lawsuit says: "The Uzi was an inappropriate and unsafe weapon to entrust to a 9-year-old girl ... thereby creating an unreasonably dangerous and unsafe environment for individuals in the area, including Charles J. Vacca, Jr."

The suit is seeking unspecified damages.

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Vacca was showing the girl how to fire the high-powered weapon at the popular tourist stop when it recoiled and she lost control of the Uzi, authorities said.

He was struck by one round and later died.

The high-profile shooting sparked a nationwide debate on whether children should be allowed to handle such firearms.

The shooting was ruled an "industrial accident" by the Mohave County Sheriff’s Office and no criminal charges were filed.

In the aftermath of the shooting, Vacca's three children encouraged the girl, in a video, to find peace, put the ordeal behind her and move ahead with her life.

They said they hoped to give her a hug one day.