The boy was wounded in the head after finding a gun in his home in the Brightfield Lane in the Ashfield Place subdivision last Friday.
Police have charged the boy's father - 40-year-old Donald Brooks Nichols - with failure to store a firearm to protect a minor under the age of 14.
Durham Police Department spokesperson Kammie Michael said last week that initial reports that came in via 911 call indicated the child suffered a head injury when he fell off a counter, but after police began their investigation, they determined the child found an unsecured firearm and was injured when the gun discharged.
"This is a tragic accident. The child is expected to recover. It's been a trying time for the family. We intend to meet with the District Attorney in the coming weeks to reach a resolution," Nichols' attorney Robert Nauseef told ABC11 Thursday.
The boy was still being treated at Duke University Medical Center Thursday.