A six-year-old boy who shot his teacher in a primary school in the US state of Virginia is unlikely to be charged.

Abigail Zwerner, a 25-year-old teacher, is suing the school district after she survived being shot through her hand and upper chest following what police described as an “altercation” with the first-grader.

Police acknowledged that the child brought the gun, legally purchased and belonged to the child’s mother, in his backpack to Richneck Elementary School on January 6.

Newport News Commonwealth’s Attorney Howard Gwynn says his office would not seek charges against the boy, as the “prospect that a six-year-old can stand trial is problematic” because the child is too young to understand the legal system.

Authorities in the city of Newport News have yet to decide if any adult will face criminal charges in the case.