HR-2546 Firearm Risk Protection with Suggested Personal Injury Clause

Representative Carolyn Maloney (D-NY-12) has introduced a bill, HR-2546, to require insurance for firearm transfers again in the congress.  The bill has been co-sponsored by representatives: Blumenauer (OR-3), Clark (MA-5), Grijalva (AZ-3), Lynch (MA-8), McGovern (MA-2), Rangel (NY-13), and Tsongas (MA-3).  It is a requirement for liability insurance for sales of firearms.  As introduced it does not specify the amount of insurance required or the parties to be protected by the insurance.

This blog has pointed out many times the limitations of the liability insurance model for protecting victims of gun violence; but many people easily see the parallels between the car insurance requirement and the need for gun insurance.  Liability insurance, as implemented in various states for the protection of people injured by cars, is often modified by the provisions of a mandate to be in a form which, while called liability insurance, is really based on some other insurance system.  These systems are typically called no-fault insurance or personal injury protection as well as being nominally called liability insurance.  They pay benefits directly to victims.

One of the good models for gun insurance is found in the requirement for a personal injury protection endorsement to car insurance in Rep. Maloney’s own state, New York.  It is codified in New York Regulation 68.   This provides for persons not covered by their own insurance (such as most pedestrians) a requirement for no-fault benefits which are paid directly to first parties (injured persons). 

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