By Ron Jones

STOCKTON (CBS13) — A gun stolen from a home owned and rented out by Stockton’s mayor was used in a homicide a month before it was reported stolen.

A lawyer we spoke to said if the circumstances are right, Anthony Silva could be facing serious charges.

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“California has a law that essential criminalizes negligence of firearms,” said Michael Wise.

Stockton Police say the same handgun registered to Silva is now linked to two crimes, including the murder of a 13-year-old in February of 2015. The gun was reported stolen in March 2015.

The boy was gunned down in a driveway walking to school.

“I don’t know how the firearm was stored that could be really critical to the case,” Wise said.

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If the gun was stored improperly on Silva’s rental property, Wise says the mayor could face criminal charges.

But what if it was stolen by an adult and used in a crime?

“If he was in fact negligent in the storage of the firearm by living it behind with a tenant moving in and anybody got access to that firearm he could still be held civilly liable for more,” Wise said.

Wise says the gun was still technically in Silva’s possession, since he owns the rental property where the gun was kept.

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Silva says he’s working with the district attorney’s office as the investigation into crimes used with the gun continues.