The boy's mother said her son got into the garage, that is usually closed, found the gun and it fired.

The Albuquerque Police Department said "the gun belonged to an older brother."

APD said the boy will be put on a 48-hour hold in CYFD custody after the boy is released from the hospital.

The boy's mom said they are upset. She claims they have a loving home and just want their son back.

APD's Crimes against Children unit is investigating.

In New Mexico, there have been similar cases where children have gotten ahold of guns.

The most recent case was in Gallup where a 3-year-old child found a gun and shot an 8-month-old girl. Police said his parents were in the shower.