Wednesday, January 2, 2013

Law on liability insurance eyed for gun owners


Idea resurfaces after Newtown killings.

Hoping to get beyond the debate over new gun-control laws, a group of economists and legal scholars is floating another plan they say could cut down on spree shootings: require all gun owners to carry liability insurance, similar to what automobile owners must have.

The plan, which was floated in Illinois' legislature in 2009, draws the ire of gun-rights groups who say it infringes on Americans’ Second Amendment rights and unfairly targets law-abiding gun owners. But backers say it offers a way to ferret out potentially dangerous or unstable criminals from the ranks of gun owners without having the federal government enact outright bans.

The horrific shooting at Sandy Hook Elementary School in Newtown, Conn. last month ignited a new national debate over gun law, but the liability insurance proposal may not have prevented that tragedy. Shooter Adam Lanza used firearms owned by his mother to kill her and then 26 children and administrators at the school before taking his own life.

"If you own a gun, you should expect some due diligence of all people who own guns," said Tricia Dunlap, a Richmond-based lawyer. "We can stop debating about whether you can own a gun, because of course you can. Do we ban assault weapons? No, it doesn’t work. God, we’ve been having that debate for 20 years. Can we come at it from a fresh angle?"

Gun owners
Nelson Lund, a constitutional-law professor at the George Mason University School of Law, suggested the idea 25 years ago in an article published in the Alabama Law Review and made a similar free-market argument.

"If this were done, the private insurance market would quickly and efficiently make it prohibitively expensive for people with a record of irresponsible ownership of guns to possess them legally, but would not impose unreasonable burdens on those who have the self-discipline to exercise their liberty in a responsible fashion," Mr. Lund wrote.

But Stephen Halbrook, a research fellow at the free-market Independent Institute who has authored many books on the Second Amendment, called the gun-insurance idea "quacky" and likened it to individual journalists, in order to exercise the First Amendment’s free-press guarantees, being required to purchase insurance for potential libel or defamation lawsuits.

"It's not feasible," he said. "Talk about third-party criminal acts - no insurance company is going to insure that the so-called assault-weapons ban has a better chance of passing, but it's obviously not inevitable."

The insurance market would have to be complex, and there are many questions still to be answered, said Etti Baranoff, an associate professor of insurance and finance at Virginia Commonwealth University. She said the proposal raised major questions about risk-management strategies and exactly when government entities are immune from such liability.

"There are a huge amount of liability policies - insurance companies want to be in the business," she said. "If [gun owners] went to a private insurance company and bought [a plan], what kind of coverage [is it]?"

Still, the idea has gained some traction among academics and free-market advocates in the wake of the Newtown killings. The liability proposal was actually introduced in Illinois legislation in 2009. That bill required anyone in the state who owned a firearm to carry at least $1,000,000 of liability insurance "covering any damages resulting from negligent or willful acts" involving its use while they own it.

The bill received strong opposition from gun-rights groups such as the National Rifle Association and the Gun Owners of America. Opponents said the measure would punish law-abiding gun owners and could make owning a gun prohibitively expensive - raising serious questions about infringing on citizens' Second Amendment rights.

Another controversial provision in the bill stipulated that gun owners could be held liable if their gun was lost or stolen and someone else subsequently used it while committing a crime.

In the face of pressure from groups such as the NRA, state Rep. Kenneth Dunkin, a Chicago Democrat and the bill's sponsor, eventually tabled the measure.

By David Sherfinski

Source: The Washington Times

32 comments:

  1. You've made some really good points there. I checked on the web to learn more about the issue and found most individuals will go along with your views on this web site.
    My page : SEO News

    ReplyDelete
  2. Hey there! This is kind of off topic but I need some advice from an established blog.
    Is it very hard to set up your own blog? I'm not very techincal but I can figure things out pretty quick. I'm thinking about making my own but I'm not sure where to begin. Do you have any ideas or suggestions? Many thanks
    my page: Business Plan Product

    ReplyDelete
  3. Heya i'm for the first time here. I found this board and I find It truly useful & it helped me out a lot. I hope to give something back and aid others like you aided me.
    Also visit my page :: power of the mind

    ReplyDelete
  4. I always used to read post in news papers
    but now as I am a user of net thus from now I am using net for content, thanks to web.
    My web page Camille

    ReplyDelete
  5. Ηmm is anуone еlse hаving problemѕ ωith the ρictuгes оn thiѕ blog loading?

    I'm trying to determine if its a problem on my end or if it's the
    blog. Any suggestіons would bе greаtly аpprеcіated.
    Feel free to visit my webpage ; no win no fee law firms wrongful termination

    ReplyDelete
  6. As part of the process, you might also find some books
    that you've already read and do not have a desire to keep. You can make this possible by selecting bedroom furniture with the right dimensions. I suppose one can find numerous other definitions, both literary and instructive.
    My blog : corner shelves

    ReplyDelete
  7. Hello there! This is my 1st comment here so I just wanted to give a
    quick shout out and say I really enjoy reading your posts.
    Can you recommend any other blogs/websites/forums that go over
    the same topics? Thanks for your time!
    Also see my page: dubai Advokater

    ReplyDelete
  8. Hey! Someone in my Myspace group shared this website with us so
    I came to give it a look. I'm definitely enjoying the information. I'm book-marking
    and will be tweeting this to my followers!
    Superb blog and superb design.
    Stop by my site ... past

    ReplyDelete
  9. I couldn't resist commenting. Well written!

    Here is my web blog: instant cash loans online
    Also visit my page instant cash loans online

    ReplyDelete
  10. Natural weight loѕs herbs and supplеments iѕ not only effective but also safe if you uѕe cоmmon senѕe when сhooѕing рrоduсts.
    Not only loѕe ωеіght аnԁ unwanted pests, but be sure not to damage
    the body in the ρrocеss. Green Bean Coffee Now Ιn 2002, The Lancеt claimеd thаt cοnfliсting interests betωeen ԁгug comρaniеs anԁ
    heаlth care proѵіders haԁ "heavily, and damagingly" іnfluenсed thе practіce οf medicine.
    Editoгs оf the ρubliсatіon predісted the mediсal professіon woulԁ be crippled duе to widеspread fraud.
    Sіmilarly, a 2010 агticle by Lеοnard G.
    Hοrоwitz and Shеrri Κane in Medicаl Verіtаs: The Journal of
    Τгuth in Hеalth Science, reveals how pharmаceutіcаl propаganda has influenced sciencе and mеdiсіne in a mannеr that
    haгms Americаns. The аbove authors ѕuggеѕt that pharmaсeutical proρagandа may
    bе whу most peοple incоrгectly belіeve
    chоlеstегol and saturated fаt
    агe thе main causeѕ heart diseаse, whіch the Ameгіcаn Heart Assοciation іs morе ρreνalent among οbеse indіviduals.


    Questiοn 2: HCG drοps are thеу safe for ωeіght lοss?
    pure green coffee bean extract 800 mg Here are just a fеw оf hiѕ
    snаck idea гecipes. More ѕnaсks сan be founԁ at the Dr.
    Oz Shοw website.
    My page ... Http://Mygreencoffeebean.Net/What-Are-The-Benefits-Of-Green-Coffee-Bean-Extract-To-Me/

    ReplyDelete
  11. Ӏt's difficult to find educated people about this subject, however, you sound like you know what you're talking about!
    Thаnκs
    Also visit my blog post - fort max diet

    ReplyDelete
  12. It's a pity you don't hаve а donate button!
    I'd without a doubt donate to this excellent blog! I guess for now i'll settle
    fοr bоoκmarking аnd addіng your RSS feеd
    to my Goоgle account. I lоok fοгward
    to frеsh upԁаtes аnd will shаre thiѕ ѕite
    with mу Fасеbook grouρ.
    Talκ sοon!

    mу web ρage :: get hydrolyze
    Feel free to visit my web blog : get hydrolyze

    ReplyDelete
  13. Ηi there colleaguеѕ, hоw is all,
    аnԁ what уou ԁesiге tο say οn thе topіc οf this piеce оf writing, in
    my view its genuіnely amazing in supρoгt of mе.


    Feеl free to visit my homеρagе: buy followers on twitter
    my site: get more followers on twitter

    ReplyDelete
  14. Hello, I desire to subscribe for this website to
    take most recent updates, therefore where can i do it please assist.


    Have a look at my site ares gratis

    ReplyDelete
  15. It's a pity you don't have a ԁonate button! Ι'd certainly donate to this excellent blog! I suppose for now i'll settle for boоkmarkіng and adԁing yοur RSЅ feed to my Googlе account.
    I look forwarԁ to brand new updаtes and
    ωіll shаre this site wіth my Facebook group.
    Talκ soon!

    Tаke a look at my webρage; apartments for rent in mesa az

    ReplyDelete
  16. Еxсеllent post. I was checκing continuously this blog
    аnԁ Ι am impreѕsed!
    Vеrу uѕeful іnformation particularly the last ρart :) I care foг such info much.
    I wаs loοking for this ρartісular info fоr a ѵery lοng time.
    Thanκ you and best of luсk.

    my web-site carpet cleaning glendale

    ReplyDelete
  17. I'd like to find out more? I'd lοvе to finԁ out
    sоme addіtіonаl informаtion.


    my blog: 3d flower tattoos

    ReplyDelete
  18. I do not even knоw the waу I finіshed up here, but I bеliеνeԁ this submit was once good.
    I don't realize who you're but definitely you are gοing
    to a wеll-knоωn blogger foг those ωho are
    nοt already. Cheers!

    Heгe is my blog ρost :: apartments in mesa

    ReplyDelete
  19. Whаt's up to all, the contents existing at this web page are actually awesome for people experience, well, keep up the good work fellows.

    Here is my homepage: http://social.cweb.com/ManuelaO7

    ReplyDelete
  20. Hey there! I know this is somewhat off topic but I was wondering which blog platform are you using for this site?
    I'm getting sick and tired of Wordpress because I've
    had problems with hackers and I'm looking at options for another platform.

    I would be fantastic if you could point me in the direction of a good platform.


    Feel free to visit my site ... heating and ac - -

    ReplyDelete
  21. Great blog here! Also your web site loads up very
    fast! What web host are you using? Can I get your affiliate link to your host?
    I wish my site loaded up as quickly as yours
    lol

    my page: the heating And Air conditioning company

    ReplyDelete
  22. Hi, I desire to subscribe for this webpage to get most up-to-date updates, so where can i do it please assist.


    Also visit my website boudoir photography at Cuteboudoir

    ReplyDelete
  23. Thanks for finally writing about > "Law on liability insurance eyed for gun owners" < Liked it!

    Look into my site - whitehat
    seo training

    ReplyDelete
  24. Oh my goodness! Impressive article dude! Thanks,
    However I am encountering troubles with your RSS.
    I don't know why I cannot join it. Is there anybody else getting similar RSS issues?
    Anyone that knows the answer will you kindly respond?

    Thanks!!

    Here is my website; air conditioning repair phoenix

    ReplyDelete
  25. Since the admin of this site is working, no question very shortly it will be renowned, due to its feature
    contents.

    Feel free to visit my blog post ... san antonio air conditioning

    ReplyDelete
  26. Do you have a spam issue on this website; I also am a blogger,
    and I was curious about your situation; we have created some nice methods and we are looking
    to exchange methods with other folks, please shoot me an email if interested.


    Have a look at my site; Find the best backgrounds

    ReplyDelete
  27. My brother recommended I might like this web site.
    He was entirely right. This post actually made my day.
    You can not imagine simply how much time I had spent for
    this information! Thanks!

    Here is my webpage :: most beautiful wallpapers ()

    ReplyDelete
  28. great put up, very informative. I'm wondering why the opposite experts of this sector do not realize this.
    You should proceed your writing. I'm sure, you have a huge readers' base already!


    Also visit my website 2014's most popular hairstyles ()

    ReplyDelete
  29. I'm truly enjoying the design and layout of your blog.
    It's a very easy on the eyes which makes it much more enjoyable for me to come here
    and visit more often. Did you hire out a designer to create
    your theme? Exceptional work!

    My web page - beautiful hd Wallpapers

    ReplyDelete
  30. The negative terminal of the car’s battery is reconnected and the radio is tested.
    Televisions and computers (desktops) are no longer in the.

    This is a revolutionary enhancement for the reason that
    you are in a position to download, report and enjoy your preferred
    Television exhibits from your Laptop via the
    world wide web.

    Here is my page; my wallpapers ()

    ReplyDelete
  31. Everything in Mixel can be shared and remixed, making it the world.
    Every one need fame but its not now hard because if you
    have your video then submit it youtube. Just
    browse and assemble your aspiration in the close foreseeable future.



    Here is my page ... smartphone wallpapers ()

    ReplyDelete
  32. Renee Jones moved back to the Chicago area from the
    Carolinas over the summer with boxes, plural, of unfinished
    knitting projects. In the early days, it was a simple bluescreen, however
    has since advanced as computer systems grant users so as
    to add desktop photos, pictures, screensaver, and extra to your background.
    This can be downloaded to your computer system from there, and not from the search result listings.


    Check out my web page - view and download pics - ,

    ReplyDelete

I thank for the comment!