Proposed bills have been introduced in the House (HR-38) and the Senate (S-446) which would allow holders of permits to carry firearms in all states. They have gathered a substantial number of sponsors. The current language of the bills is very broad and would not only prevent state restrictions on out of state permit holders but allow residents of states without a permit requirement to carry firearms nationwide. There are provisions to allow persons arrested under state laws to recover damages and legal expenses.
If this law passes states will have great difficulty enforcing any restrictions on gun carrying because of the difficulty in establishing that a person is not a resident of another state and because of the difficulty of checking the validity of out-of-state permits. There will be great pressure on states to relax requirements for their own citizens to match those of other states with no restrictions.
In this situation, an insurance mandate could be very important in providing at least some responsibility requirement.
If gun owners are mandated to have insurance, new guns can be monitored. But what about the 300,000,000 guns currently held by individuals, including illegal guns? Clearly, no system of insurance, gun regulation, or police activity can deal completely with problems arising from such massive numbers. The system of chaining insurance responsibility “Top Down” works to retain guns in the system one there, and stolen or otherwise illegally acquired guns will retain the insurer of the last legal owner. But the outstanding guns in the hands of criminals and a good proportion of those owned by otherwise law abiding owners will not be enrolled in insurance without good reason.
Although it might be assumed that political considerations will mean guns currently owned will be grandfathered in, that does not have to be the case. Legislators could establish a policy whereby all guns must be insured. When state or national laws are adopted to require insurance for guns sold by manufacturers or passing through the hands of legal gun dealers, the laws can require that persons owning guns acquire insurance.
In spite of declarations in the media from some gun proponents that they will not comply with various proposed measures regulating firearms, most gun owners are legal and responsible citizens and will comply with a requirement after a reasonable period of time. They will be able to purchase insurance and have their gun’s serial number added to the database without revealing their names to anyone other than their insurer. Much of the insurance now sold to gun owners is now provided to them in association with the NRA, and there is no reason that this cannot continue for those who have concerns about insurers protecting their privacy. Of course, any insurer, even the NRA, would have to comply with financial regulation as an insurer and provide the mandated insurance compensations for victims.
The database suggested as a part of the “Top Down” system would provide a quick way for a law enforcement officer to check if a particular gun is insured. The database is designed to provide a quick way to find the insurer responsible for a particular gun, but contains no information about the gun’s location or owner. An officer finding the gun as part of an action for some investigation or arrest can check if the gun is properly covered. Guns are routinely and legally declared when they are shipped in luggage on airlines and may have to be declared when brought into controlled places depending on local laws. Insurance can be checked in these situations as well.
This is the first of a series of posts which are designed to show that workers’ compensation systems, insurance and laws are an excellent–the best that we have–model for dealing with gun violence victim compensation and for reducing that victimization.
A little over one hundred years ago, our country faced a crisis that was quite similar to the gun violence problem that we now face. Industrial and work related accidents were completely out of hand, producing deaths and injuries that reached almost every family. Looking back on my own family history, a great uncle on my fathers side was killed and my mothers grandfather lost an arm–both in railroad accidents of that era. It’s mostly forgotten today but it was a great issue at the beginning of the twentieth century.
The District of Columbia is scrambling to react to a Federal District Court decision that threatens to invalidate the ban on carrying guns for self-defense in DC. The current law in accordance with the direct decision by the Supreme Court in Heller v. DC forbids carrying guns outside the home except by certain classes of armed professionals. There has been a 90 day suspension of the application of this decision for an appeal which could be used to enact legislation which allows registration for that purpose. If DC is required to allow individuals to carry guns in public there are various options in regulating such carrying that are in accordance with the recommendations of this blog.
They should certainly increase the level of responsibility that gun owners have if their guns result in injury. They can pass provisions in the Municipal Code which are parallel to the specific requirements that give motorists a duty not to follow so closely as to strike other vehicles in the rear and a duty not to strike pedestrians in crosswalks. There should be provisions in the DC Code to establish a duty, with a presumption of negligence if not followed, to avoid the following:
Allowing a gun to make an unintentional discharge.
Allowing a gunshot to strike an unintentional target or a person not intended to be shot.
Allowing a gun to get into the hands of an underage person or a person prohibited from possessing firearms.
Illinois Majority Caucus Chairman Ira I. Silverstein has introduced a new bill (SB2656) in the Illinois General Assembly to require that gun owners have liability insurance. This bill covers willful as well as accidental shootings by the owner or others. It covers lost or stolen guns until they are reported.
This would be very helpful legislation if adopted as introduced and could form the basis of a more detailed and developed requirement to cover more victims. Because it designates continued responsibility for unreported stolen guns it recognized the important of gun theft for supply to illegal gun possession.
This post is a good place to start if you’re new to this blog. Scan the questions and follow the ‘Related:’ link(s) if you have an interest in a particular area. You may also want to check the category’s listed in the right hand column.
Q: What is the purpose of mandating gun insurance?
Required insurance for guns or gun owners should be designed to provide benefits for victims of gun accidents or violence. Insurers will automatically take appropriate steps to encourage gun safety as part of their loss control and underwriting activities.
Q: What specifically would be the best insurance system for guns?
Each state should adopt a system of no-fault insurance with a system of delivering medical and cash benefits directly to victims. This insurance should be required to be in place for any firearm brought into or kept in the state in order for that firearm to be legal. It should provide all of the benefits available to victims of motor vehicle or workplace injuries.
Here are the detailed written comments submitted for the record by Tom Harvey, this blogger, after the hearing on the DC gun insurance bill. The bill is supported by this blog as a start in getting gun insurance enacted.
On Thursday May 16, 2013 the District of Columbia held a hearing on the B20-170, Firearm Insurance Amendment Act of 2013 their Gun Insurance Bill. The first panel consisted of Dan Gross, President of the Brady Campaign; Erin Collins from NAMIC; Tom Harvey, Gun Insurance Blog and Kris Hammond, Resident of DC.
The hearing was taped and the video is available here. Written testimony from Dan Gross, Kris Hammond and Chester A. McPherson is here. News coverage generally ignored the supporters of the bill. For example see the Washington Post Story.
After preliminary remarks by Committee Chair Vincent Orange and Councilmember Mary M.Cheh (the bill sponsor) the first to present was Dan Gross who gave a good presentation in support of the bill outlining the seriousness of gun violence in the US. He gave an example illustrating that current insurance does not apply even to many accidents, if it is available at all. He stated that “it is absolutely unfair to saddle innocent victims with all the costs.
Erin Collins gave a presentation of the industries opposition to mandating insurance for guns. It stated that this insurance was unnecessary and impractical and repeated that it couldn’t cover intentional acts.
Tom Harvey for this blog gave an oral version of the written statement below but added examples to counter the statement by MS Collins that insurance couldn’t cover intentional acts. Continue reading →
An article, “Gun used to kill N.Y. cop came from Virginia” published 1-26-13 in the Virginian-Pilot illustrates the kind of gun leakage from legal to illegal hands that insurance could discourage. Colleen Long writes that a robbery in 2011 resulted in the death of a New York City police officer, who was shot in the head. As our system for tracing guns that turn up in crimes relies on records kept by federal licensed dealers, the 9mm semi-automatic Ruger pistol was found to be sold legally in 1999 by a dealer in Colonial Heights, Va.
The buyer of the gun in that legal transaction said that the gun was in possessions he had packed but had ended up abandoning, when he was evicted from an apartment. The story linked above is interesting with more details.
One obvious question is, do we believe the story about the loss of the gun? A Ruger 9mm is not an especially valuable gun. According to firearmspriceguide.com a used one is worth about $200 to $400 depending on condition. A person being evicted may very well abandon a lot of stuff, so it could be true. But the gun did drop into illegal hands and end up in New York. If an insurance company had responsibility for for that gun that continued after it was lost, that insurer would have a strong incentive to require the owner to keep control of the gun. The value of the gun itself was not sufficient motive.
The laws of the State of New York couldn’t stop the gun from being illegally brought from Virginia. The laws of Virginia don’t insure that owner keep track of guns in a way that prevents their loss, illegal sale or abandonment. An insurance company on the hook would, no doubt, require the owner to periodically demonstrate that the gun was still under control. There would be some financial committment on the part of the owner, sufficient to convince the insurer that the gun would stay in legal hands.
This story is special because the victim was a police officer, which provided the motivation for tracing the gun and for the paper writing about it. Thousand of other killings with illegal guns are similar in many ways. As the article says 85% of the illegal guns in New York come from out of state.