Compulsory gun insurance bill advances in the House of Representatives | Insurance business America
“[This is to stop owners] “Want to purchase firearms or even be able to legally own them,” the critic claims
Insurance News
By Ryan Smith
A bill that would require liability insurance for all firearms is advancing in the Colorado state legislature.
The law, House Bill 24-1270, requires gun owners in the state to “carry liability insurance covering loss or damage to a person, other than the insured, who is injured as a result of an accident on the insured property” or accidental discharge the firearm.”
Under the law, victims of accidental shootings could file a lawsuit against the gun’s policyholder. Proponents of the bill said that in the event of a shooting with a stolen gun, the policyholder would be protected from potential claims as long as the gun had previously been reported stolen.
“What we’re really trying to do is make sure that we embrace responsible gun ownership and provide further protection,” Democratic state Rep. Iman Jodeh, one of the bill’s sponsors, told Denver7. “People own guns – we don’t want to violate that right. But we want to make sure they protect themselves even better. And so with this assurance we affirm their belief that they should own guns, that they have the right to own guns, and that they can and should be responsible gun owners.”
Jodeh said this type of insurance is already offered through homeowners and renters insurance. She told Denver7 that she’s seen firearms liability insurance from independent insurers that run about $50 a year, so the insurance shouldn’t be a significant financial burden for gun owners.
But opponents of the bill say many gun owners are likely to violate the law and that accidental shootings are rare.
“I think this is a long, large-scale plan where all of these things come together in one way or another to deter firearm owners from wanting to purchase or even legally owning firearms,” Republican state representative Ryan Armogast told Denver7 . “When we talk about accidental deaths from firearms, that’s not going to happen at the level of law-abiding citizens… that’s drive-by shootings or some kind of gang violence or something like that where people are spraying ammunition at each other and someone.” is unintentionally hit by a bullet.”
Legal hurdles
If the bill is passed, it could lead to a tough legal battle. Last year, a New Jersey gun control law that would have required gun owners to carry liability insurance was blocked by a federal judge before it could take effect, according to a CBS News report.
U.S. District Judge Renée Marie Bumb ruled that the insurance requirement violated the constitutional right to bear arms.
“The insurance requirement regulates who can carry firearms in public,” Bumb wrote in her ruling.
However, a 2022 ordinance in San Jose, California, that required gun owners to carry liability insurance was upheld in federal court last year, with U.S. District Court Judge Beth Freeman dismissing all challenges challenging the constitutionality of the insurance requirement. San Jose’s ordinance also required gun owners to pay a $25 fee, which Freeman also upheld.
Insurance as a deterrent
Proponents of mandatory firearms liability insurance say it would encourage gun owners to avoid risky decisions and follow gun safety practices to avoid increasing their premiums or losing insurance coverage entirely, CBS News reported.
“Insurance companies can’t tell us anything, but they can decide whether to insure us,” Peter Kochenberger, a visiting professor of law at Southern University Law Center, told CBS News last year.
The idea of an insurance mandate had been floating around for years but began to gain traction after the 2012 Sandy Hook massacre, in which a lone gunman killed 26 people, including 20 children, at a Connecticut elementary school.
Gun advocates fight back
But gun rights advocates have strongly opposed compulsory insurance, saying it would unconstitutionally regulate who can carry firearms.
“Taxing lawful property and requiring insurance does not help reduce gun violence, which is often committed by repeat offenders who do not pay the fees or obtain insurance,” the National Rifle Association said in adopting the regulation from San Jose in 2022.
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2024-04-05 15:44:17
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