HOUSTON (CBSDFW.COM/AP) — Houston police say a 9-year-old child was fatally shot by a 9-year-old cousin while playing with a gun the children found in a local apartment.

Police Lt. Larry Crowson says the Wednesday shooting was a “tragic accident.” He says the cousin cannot be charged because state law does not allow charges for anyone younger than 10.

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Police say investigators are trying to determine how the children got the gun. Police say the Harris County district attorney will decide whether parents or guardians face charges in the shooting.

The children’s names were not released.

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In July 2018, a 4-year-old was seriously injured in Harris County after shooting himself in the head with his stepfather’s service weapon.

It happened at a home near Hockley, about 35 miles northwest of Houston.

(© Copyright 2019 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)

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