Suggestions for HR-1369 Firearm Risk Protection Act of 2013

Representative Carolyn Maloney along with 8 cosponsors has introduced a bill,  H.R. 1369 – Firearm Risk Protection Act of 2013, to require that gun buyers and sellers have “qualified” liability insurance when they make a transaction or continue to own the gun.  They would be fined up to $10,000 if they do not have and maintain the insurance.  The text of the bill does not define “qualified” and gives no further details.  I spoke on the phone with Rep. Maloney’s press contact and was told that the bill will be filled out with more detail in the future.  In this diary, I will lay out the principles and elements that should be considered when the bill language is developed.

Gun insurance should serve to protect victims and promote safe storage and use of firearms, without being an excessive burden on gun owners (for a description of possible insurance see here).  Unfortunately, conventional liability insurance as sold, for example by the NRA, is designed only to protect the gun owner not third party victims.  Gun insurance, like any insurance that is mandated by government or required as a condition of doing business, should be designed to protect those injured by an incident.  Moreover, it needs to protect the public by encouraging safe practices.  Currently, gun insurance only protects the gun owner from theft and lawsuits. Continue reading

Firearm Risk Protection Act introduced in Congress H.R. 1369

For details on the recommendations by this blogger on how to implement this bill and have this insurance see my the April 2 post on Daily Kos

A bill titled the Firearm Risk Protection Act  has been introduced by Rep. Carolyn Maloney in the national Congress. As of March 29, 2013 there is not text available on Congress.Gov but the bill has been referred to the House Committee on the Judiciary. Rep. Maloney’s press release states that the bill will impose a $10,000 fine if an owner does not have the required coverage. It exempts service members and law officers.

Other details have yet to be developed. Rep. Maloney’s press aide stated that in a phone call and email that “like all legislation, it was meant to start a conversation about national priorities” and welcomed input to the process. This blogger will certainly be following the bill and recommending that it be done in a way that provides the maximum protection to victims. It’s likely that the bill authors have in mind a relatively simple model of Liability insurance which could be improved by adding provisions to:

  1. Follow guns as they are lost or stolen
  2. Eliminate provisions to limit coverage for intentional acts
  3. Eliminate requirements for negligence by gun owners
  4. Require steps it aid identification of the responsible weapon

The bill has 8 cosponsors so far:

  1. Keith Ellison MN-5
  2. Eleanor Holmes Norton DC
  3. Michael E. Capuano MA-7 20
  4. James P. Moran VA-8
  5. Bobby Rush IL-1
  6. Niki Tsongas MA-3
  7. Stephen F. Lynch MA-8 202-225-8273
  8. Earl Blumenaur OR-3 202-225-4811

Oregon SB-758 First State Bill for Effective Gun Insurance

Senators Dingfelder and Burdick with Representative Denbrow have introduced a bill in the Oregon Legislature (SB-758) which is the first effective plan for gun insurance that would provide for victims. It works by imposing strict liability on a gun owner for injuries associated with a gun even for one year after the gun is lost or stolen. There is no limitation to economic damages as is typical of no-fault motor vehicle insurance. The limits are set quite high at $250,000 for physical injury or death. Continue reading