Persons wanting a level of responsibility for public carrying of firearms should take the proposed federal Concealed Carry Reciprocity Act (S-446) seriously. It is the NRA’s biggest want out of this Congress, was introduced by John Cornyn–a very powerful Senator and has support by at least 37 Senate co-sponsors. There is similar support in the House. It could become law very quickly. Its provisions would have the practical effect of making uncontrolled carry of weapons nationwide policy. They would also be an impediment to stopping illegal street sales and possession by prohibited persons. Adoption of an insurance requirement to protect victims is one of the most effective way to reduce the dangers that this would bring.
Mandatory gun insurance to gain adoption and to withstand the inevitable court challenges should be designed to provide real protection for victims and promote safe practices. It should be structured differently than either insurance as a backdoor gun prohibition or “shooter protection insurance” as currently sold by the NRA and others. The overall purpose of this blog is to examine how this is best done.
The sections below show the terms that should be included in an effective insurance mandate for this purpose. They can serve as an outline in drafting legislation when applied in light of other firearms laws in the relevant state.
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.
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.
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.
Many states have adopted stand your ground laws that protect shooters in public spaces that accidently(with or without negligence) either unintended bystanders or innocent persons who are wrongly believed to be a threat. This is the most uncontroversial situation where insurance should be required. These innocent people need to be protected and many of them are not insured themselves.
As this blog has argued people who have permits to carry weapons into streets and outside the home. These people are more likely to confront real and perceived threats with an audience of bystanders. They represent an additional risk over those who only have guns for protection in their homes. These risks and the relative ease of insuring against it are described in another post “Enacting a Concealed Carry Insurance Mandate”
While it would be ideal to have a gun insurance adopted at a single time as one well designed national mandate, it’s likely that political reality will force it to come into being in stages. The logical place to start is for the more amenable states to require insurance for holders of permits to carry firearms in public. If this can be extended to general coverage of guns in some of these states, the stage is set for a federal mandate for top-down insurance which extends into any state requiring insurance. This in turn will encourage other states to have their own requirements in order not to have their citizens paying for insurance without their state receiving benefits for victims.
Concealed Carry as a Start and an End in Itself
Mandating gun insurance for holders of permits to carry weapons in public is much simpler than mandating gun insurance in general. Permit holders are already registered with state government agencies; there is no need for an additional registration system. They are generally responsible people who have already shown their willingness to cooperate with reasonable regulations. Insurers will find these people to be desirable customers. Most measures to deal with gun violence have to deal with the flood of illegal weapons that come from states with weak regulation of gun trafficking. But, states requiring insurance for permits can simply refuse to recognize permits from other states without insurance requirements or require proof of insurance in addition to such a permit.
In order to have a system of insurance the covers the dangers of having guns in our society, it is necessary to have a way to be sure that insurance exists that covers each victimization. The simplest system is to mandate the insurance and have the government check that it is in place. This requires that the government be aware of the identity of the gun owners in order to enforce the mandate. This means registration of guns or gun owners. The political objection to this is very great. If it is necessary to override this objection or wait for it to dissipate, then implementation of insurance for gun victims will be greatly delayed.
The Objection To Registration
Many people who are concerned about gun safety are not aware of the depth of the fear of government held by some of the gun rights defenders. There are a considerable number who have deep and broad paranoia which has been focused on this issue with severe personal mental health issues but an even larger number are simply trained to express this distrust by gun organizations, the media and those who want even more guns in circulation. Even more are aware that some form of tracking guns is essential for application of many measures to control or limit their circulation. They may fight registration of firearms as a way to prevent control of firearms.
While it would be best to adopt gun insurance in the United States by national legislation that puts into place a full blown no-fault plan with the “Top-Down” provisions to guarantee that it covers all of the millions of guns in the country, it is not necessary to wait until that is politically feasible to make progress in protecting victims. There are several paths where an important part of this protection can be implemented both for it’s own value and to demonstrate the practicality of more complete plans.
The first and the one that already in the public eye is to adopt compulsory liability insurance for gun owners who are registered in particular states. This is the plan that is being offered in state legislatures. It would apply to a fairly small subset of the injuries and killings because it has no way to be in effect for illegal guns. But, as the proportion of gun injuries from legally possessed guns is going up due to a downward trend of crime in general and a greatly increased spread of legal guns, it would have a substantial value. It may very will be accomplished in some places in the next few years. This is the type of adoption that is seen by most writers who suggest insurance in the mass media.
Concealed carry permits provide a situation where gun insurance is needed that is much simpler than guns in general. Taking the guns out into the community provides an additional reason to provide guaranteed financial responsibility and many of the problems that have to be overcome to design good insurance are mitigated. Some of the reasons that required insurance would be easier to implement are:
Most permit holders are generally responsible people and many have purchased or would purchase liability insurance to give legal protection to the insurance owner. The insurance that will be recommended here is much broader than currently available liability insurance which is designed to protect victims, it will also provide better protection to the permit holder.
Permit holders are already registered with government entities. Enforcement of this insurance requirement will not require a new registration system.
The problem that “criminals won’t buy insurance” is not applicable as they won’t have permits.
Insurers are likely to be more willing to provide the required insurance to this group.
The Supreme Court of the United States has declared that there is Constitutional protection for having self defense guns in the home; but it has not done so for guns in other places.
There are also good reasons over and above the reasons for guns in general to require this insurance for guns being carried in the community: Continue reading →