Questions and Answers on Mandating Gun Insurance.

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Updated 12/22/2022

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.

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.

Related: Insurance-Good for Victims, Safety and Gun Owners

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.

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The Need for State Regulated Gun Insurance with a Federal Mandate.

The answer to the question of whether we need to mandate gun insurance at the federal or the state level is to have the mandate at the federal level and the regulation of the insurance at a state level.  The special problems that guns have of illegally traveling across state lines to do their damage and of states varying so much in their willingness to regulate guns can be solved by this structure.  The federal mandate should implement the top-down process for continuing insurer responsibility advocated by this blog.  It should require that the insurance pay benefits to victims in accordance with the gun insurance requirement in the state where the shooting occurs.

One of the special difficulties that makes guns different than almost any other risk, is that move around from state to state so easily once they are in illegal hands.  Much of the country has a relatively small problem with illegal guns and people there see no need to make access difficult.  In other parts of the country, there is a major problem with death and injuries from illegal guns.  No matter how carefully places like New York, Chicago and Washington, DC work to stop the transfer of firearms to dangerous people they cannot control the flood of weapons that come in from areas with more permissive policies. The process has been named the Iron Pipeline.

This blog believes that requiring insurance is a practical way to deal with the problem.  Insurers that remain responsible for deaths and injuries from guns after they pass into illegal hands will set up conditions to prevent that passage.  They will find ways to do this that are minimal inconveniences to legitimate gun owners.  The question is how to get a requirement for such insurance into place in this environment.  The states that sell the most guns are least likely to make such a mandate.

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Paths to Adopting Gun Insurance, General and Concealed Carry

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.

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Additional Comments B20-170 DC Gun Insurance Bill

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.

Comments as PDF

 

 

Looking at PCI Statement on Gun Insurance to Connecticut Legislature

The insurance industry through its trade group spokespersons has been very negative on the possibilities of dealing with the gun violence problem by means of requiring insurance. The legislative proposals made so far have all been very narrow calls for conventional liability insurance sometimes with high limits. The trade groups have been quick to jump on the limitations of that approach and on projected difficulties with implementation. The quotes in various new articles have been very hostile to gun (and actually all) insurance.

In a statement made to the Connecticut State Legislature on March 19, 2013 the Property Casualty Insurers Association of America (PCI) made a more carefully worded opposition to such insurance. This allows an analysis of the reasons for the reservations of the insurance industry on this matter.

PCI opposes this legislation because it will be ineffective in curbing gun violence and will create significant burdens for law abiding gun owners and insurers. As a general rule, PCI opposes mandating the purchase of liability insurance. We have found that mandatory insurance requirements are often ineffective and serve only to add enforcement and administrative costs for both government entities and insurers.

The comparison with motor vehicle insurance is relevant here in showing that this is a ridiculous statement. While it varies greatly from state to state, in many states motor vehicle insurance is mandatory, enforced and highly effective in compensating injured persons. In states where it is not effective, it is because insufficient insurance is mandated or enforced.

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DC Bill on Gun Insurance B20-170 Hearing

The bill in the District of Columbia Council, B20-170, requiring insurance for guns will have a hearing at 10AM on May 16, 2013.  The text of the bill requires liability insurance of $250,000 for gun owners.  It provides for willful acts.

(b) The insurance policy required under subsection (a) of this section shall specifically cover any damages resulting from negligent acts, or willful acts that are not undertaken in self-defense, involving the use of the insured firearm while it is owned by the policy holder.

The announcement of the hearing provides for written statements until May 30, 2013.

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