Ideally, we should adopt a system of insurance that protects and compensates all of the victims of gun violence as a single well thought-out package. The various terms would weight the balance between minimizing the interference with responsible peoples use of firearms and the need to keep them away from irresponsible people. There are many factors that should work together to give the best overall results. But, that isn’t the way that most systems of control and regulation are developed. They come about incrementally. Even before we adopt any requirements for ordinary gun owners and users to be covered by insurance, there are are changes that could set the state. Insurance is a means of maintaining a system and culture of responsibility. Keeping and use of firearms, unlike any other activity in our society, has accrued a large number of provisions, legal and of other kinds, to promote a culture of irresponsibility. If this is rolled back in stages, use of insurance will emerge as a natural step. It will be so because it will be a way of facilitating the responsible use of firearms in a context of demanded responsibility.
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.
The insurance model recommended by this blog is designed to have insurer retain responsibility for guns after they are stolen. That means that if a responsible gun owner has a burglary and a gun is stolen and then after the gun changes hands, goes underground and turns up to injure someone in a distant location then the gun owner’s insurance will have to pay. Gun defenders are quick to object and say that the burglar and the shooter are responsible and the gun owner shouldn’t be held to account for their acts.
In those cases the criminals are, of course, responsible and if they can be caught and have resources they should be the first to pay to the injured party. Unfortunately, they often aren’t caught and they don’t have resources and, if they go to prison for their crimes, are unlikely to earn enough in the future to redress the damage they have done. So the question is should the legal gun owner or the gun owner’s insurance be held responsible in light of their role as enablers of this unfortunate situation. My answer is that they should be.
On Jan 26, 2013 according to the Pennsylvania State Police 50 guns were stolen from the Taylor and Robbins Gun shop which had been closed for about six years but still had old stock on the location. Two burglers broke in and escaped in a vehicle.
Nearly all of the guns that are in illegal hands or used in crimes in the United States started out as legal guns and by some means passed out of the control of their legal owners. Many of these are due to purchases by straw buyers acting for an inelegible person but many others are due to loss or theft. If an insurance company was still responsible for these guns, it’s very unlikely that they would remain for six years in such a vulnerable situation.
We’re not taking guns seriously in this country, insurance is a big step to becoming responsible.