Loaded gun found in diaper bag at Niantic day care

East Lyme Police responded to Ballestrini's Child Care Center in Niantic last week after a staff member found a loaded gun in an infant's diaper bag.

According to the police report, the childcare worker heard a metallic thump after putting the bag down and discovered a firearm in a holster.

"I commend the staff for how quickly they reacted to this and at no time was anybody left in danger," said East Lyme Police Chief Michael Finkelstein. "One parent had the firearm inside of a bag that the other parent picked up when they brought the child to the daycare not knowing it was in there."

Andrea Ballestrini Rowe, director of Ballestrini's Child Care Centers, said that the staff member who found the firearm promptly secured the bag in an office and immediately notified the police.

"At no point were the children in our care under any threat," Ballestrini Rowe wrote in an email. "Although the presence of the gun posed a risk within the program, no direct threat was made against the program itself."

Parents of children at the Niantic location received a letter from the childcare center explaining that the bag never left the possession of the parent or the staff member, the gun was located in a zipped compartment of the bag inside of a holster, and the bag was never intended to be brought into the program.

"We understand the shock and frustration around this situation and it remains of upmost importance that families continue to feel safe leaving their children in our care," Ballestrini Rowe wrote in a letter to Niantic parents.

When police arrived at the childcare center, an East Lyme officer took possession of the Smith and Wesson M&P 9 mm handgun and "made it safe."

According to the police report, both parents had clear and valid pistol permits. The child's father told the officer that he thought the bag was empty. The child's mother, according to the police report, said that she had been using the backpack style diaper bag when she runs errands and was placing her firearm in the bag for protection. She said that the firearm was in a holster, loaded with a round in the chamber and the safety on.

East Lyme Police determined that the incident was not criminal in nature.

"At this point there are no criminal charges. The New London State's Attorney's office took a preliminary look, they are still taking a look at this just to make sure, but at this point it does not appear there is any criminal aspect to this," said Chief Finkelstein.

Finkelstein explained that because children could not reasonably access the gun, the incident did not violate the state's safe storage laws. However, newly passed legislation that expands the state's safe storage laws could impact how similar incidents are looked at in the future.

"But it has to happen after that legislation is enacted," said Finkelstein.

The Department of Children and Families was also contacted about the incident. They are in the early stages of their investigation.

"To determine whether or not a family needs further intervention from us, but even in situations in which there is an accident it is really important for us to raise awareness for safe storage," said Commissioner Vannessa Dorantes.

The childcare center notified parents that they will now be doing daily bag checks at the Niantic location.

Ballestrini's Child Care operates several centers in the region. Jillian Rix has three children who attend the Salem location.

"It sounds like they did everything correctly. They kept the kids safe which is the number one thing," said Rix.

However, Rix said she was frustrated that she was not contacted about the incident until days after it happened.

Ballestrini Rowe said the communication of the events was carried out in accordance with their established policies and said that the notification to other Ballestrini's locations was done as a courtesy to provide information.

"It is important to note that the situation was isolated to the Niantic center, and we took immediate action to address and resolve the specific incident at hand," Ballestrini Rowe wrote in an email to NBC Connecticut.