POLL: Should Gun Owner Be Held Responsible for 3-Year-Old Boy's Death?

Three-year-old Preston Orlando, the son of Gilroy resident and San Jose Police officer Brandon Orlando, was . 

The firearm that took the boy's life was not issued by the San Jose Police Department, but is a privately owned .45-caliber semi-automatic pistol, according to Sgt. Chad Gallacinao of the Gilroy Police Department.

Police have not said who owns the handgun, and it's not known whether the pistol's owner resides at the Kentwood Court address occupied by the Orlando family. 

No one have been charged with the toddler’s death.

"Unintentional childhood injury" is the leading cause of death and disability in children aged 1 to 14 years old, according to Safe Kids USA, an organization comprised of 600 coalitions and chapters in 49 states working to prevent unintentional injury to children. 

Under California's Child Access Prevention and Safe Storage Law, adopted by 18 states, no person shall store or keep any loaded firearm on any premise under their control if it is known or reasonably should be known that a minor under the age of 18 is likely to gain access to the firearm without permission unless the firearm is properly stored, the Safe Kids website states.

According to the law, a person can be held criminally negligent if the minor gains access to the firearm and causes injury or death to themselves or another person. 

The investigation into the toddler's death remains ongoing, with more details expected to be released as early as next week, Gallacinao said. 

“The department is committed to determine how this happened,” he said. “The last thing we want to do is compromise the investigation. Right now we want to give investigators the opportunity to do a thorough job and not feel rushed.”

In the case of Preston's death, do you think the owner of the pistol was being criminally negligent by directly or indirectly allowing the loaded pistol to be stored in the home of a minor?