WILTON -- The family of the 12-year-old boy shot accidentally this week by his 12-year-old friend would have a tough road ahead if they wanted to pursue a legal case, say lawyers who spoke in general terms about Nicholas Naumkin's death.

Defense attorney Steven X. Kouray of Schenectady said Friday that the young shooter could face charges of reckless endangerment, second-degree manslaughter or criminally negligent homicide in Family Court. He believes, however, that some sort of civil action is more likely because "there are some serious questions of liability for negligence."

Naumkin, a seventh-grade honor student at Saratoga Springs' Maple Avenue Middle School, was shot around 7 p.m. Wednesday after his friend and schoolmate inadvertently fired his father's pistol, which he had found in the home, police and fire officials said. The home at 1 Birchwood Drive belongs to Edward and Rose O'Rourke, and Edward O'Rourke owns a permit for a handgun, public records indicate.

"It was loaded, left accessible, unlocked and unsecured," said Kouray of the weapon that felled Naumkin.

There's no indication at this time the family will pursue a case. On Thursday, the boy's father, Yuri Naumkin, did not blame anyone for his son's death, but said people should have access to information about who owns guns so they can decide whether they want their children near them.

Saratoga County authorities said they owe the family a thorough investigation.

Authorities said the boy with the pistol thought he was playing with an unloaded gun when the weapon fired and struck Naumkin in the head. He called 911, and the sheriff's office responded. Naumkin was taken to Albany Medical Center Hospital where he died Wednesday night with his parents by his side.

Veteran Albany defense attorney Terence Kindlon said no state law requires gun owners to keep their weapons stored safely in a cabinet or secured by a trigger lock. Legislation on the latter is being considered by state politicians.

If they do, Kindlon doubts any lawsuit would result in a large monetary award. The court has the discretion to award damage money to the victim's family.

"I don't think this is a crime that can be attributed to the gun owner," said Kindlon, adding a "creative civil lawyer could go after the gun maker."

Another option would be to charge the shooter as a juvenile delinquent, something Kindlon dismissed as a "meaningless gesture" that doesn't achieve anything productive.

He cited a case he handled years ago, where a Schenectady County grand jury declined to indict a 15-year-old from Scotia who had been charged as an adult after allegedly shooting another youngster in the forehead.

The case was later resolved in Family Court, Kindlon added.

Reach Paul Nelson at 454-5347 or pnelson@timesunion.com