Gun Ownership Isn’t Free – Civil Liability

This diary is a result of feedback from one of my comments earlier today. The idea grew in my head and here we are.

Please comment and/or recommend so I can do another iteration of this and maybe move it along to a larger audience.

When you buy a gun or ammunition, you should be required by law to assume civil liability for its use. If you can not cover the monetary damages that your property might inflict on others by your own hand or anyone else’s, you should not be able to buy or possess such property.

While this all seems like common sense to me, it surprised me that others aren’t thinking along these lines.

I am not a lawyer. This idea may or may not be able to be implemented on a Federal level, though it may be able to be adjusted to. But I have little doubt that State governments could do it.

The Idea

Just like owning a car or any other potentially dangerous machine, gun owners should be required to carry either insurance or a surety bond to cover the damages to any potential victims of their accidental (or intentional) use.

This idea takes the responsibility of determining who is eligible to own guns and, more importantly, ammunition out of the hands of government for the most part. Instant background checks could be replaced by a letter of guarantee from an insurance company willing to assume liability for this person’s actions. The insurance industry could decide who is trustworthy and cover them for a suitable premium based on the risk.

Mandatory coverage levels should be something along the lines of (up to) $10 million per shooting victim/$100 million per incident (covering all victims and property damage) in liability coverage or bond. These numbers are my own guesstimates of the maximum it might cost to cover anything from minor property damage to surgery, intensive care, permanent disability or, in some cases, dozens of deaths.

The settlement for a victim should consider the damages to an entire generation of their family as they are affected by the shooting as well.

Actual settlements would normally be much lower, but these numbers are considering the liability for a mass murder. Insurance company analysts could come up with more realistic numbers of what actual claims based on actual damages might cost.

This may sound like alot of money but it could be covered by the personal liability portion of most people’s homeowners insurance. Rural and suburban folks with their hunting rifles and simple handguns who have stable employment, no criminal record and something to live for would have no trouble getting this insurance coverage at a fair price if they can pass whatever sanity test their insurance company requires of them.

Allow the free market of the insurance industry to decide who they’re willing to cover and for what types of guns and ammo their policy will cover.

Require an official letter of pre-approval, issued by a bona fide insurance carrier guaranteeing that they have done the due diligence and determined that this potential gun owner is low enough a risk that they are willing to insure their actions and whatever damage this gun may inflict on anyone. Proof of coverage would also be required to purchase ammunition.

If the insurance industry should decide that a given model or design of weapon is un-insurable for private use at any cost, the market for that type of weapon would dry up. Invisible hand of the free market and all that. No legislative action necessary.

If you don’t need to own a gun but want to let off some steam by firing off a few thousand rounds, go to a certified and insured firing range and use one of their automatic weapons on the premisses for a reasonable fee. This could be a fun day out for the whole family, just like Disneyland!

Tracking the sales of Guns and Ammunition

The insurance industry would be permitted, or required, to track all sales of guns and ammunition from factory to consumer and it would be in their interest to do so, keeping very accurate records.  The ATF could make sure they comply with any recordkeeping requirements, as they will be compiling the same records for criminal investigations. Maybe they could do a joint effort and split the costs, even.

All guns and ammunition would be required to be serialized and traceable to the purchaser.

All existing guns and ammo would have to be registered with an insurance provider and that company must provide full access to this data to any government agency when requested.

As part of any insurance policy or bond, the insurer would issue a card to their customer to be used when purchasing ammunition for their insured weapon. No ammunition could be sold without recording who bought it.

All sales records would be instantly compiled centrally by the insurance industry and they would work together with any government agency to ensure instant access to these sales records. The insurance company is assuming civil liability for each bullet sold to their gun-owning customers.  

Uninsured Guns

Any uninsured gun becomes an illegal gun, subject to confiscation and destruction. There will not be raids and searches for guns and ammo specifically but anyone caught possessing any gun not insured for their personal use will lose it and be fined heavily. Stiffer penalties if that person has a history of violent crime.

Stolen Guns

All gun owners have a responsibility to report a stolen gun or ammunition to their insurance company and, in turn, to the appropriate authorities. Both could be done with one phone call.

Civil liability does not end at the time of theft. It never ends until the gun is recovered. The owner and their insurance company are still liable for whatever damages are caused by a missing or stolen weapon or bullet. They really should consider purchasing gun safes, ya think? The insurer will, no doubt, set some requirements for the secure storage of the weapons.

This also applies at every step in the supply chain. The distribution of guns and ammunition must be insured at every stage against theft or loss and all damages resulting from that theft or loss must be covered.

All reports of theft of any gun or ammunition by the gun owner will be treated as a very high priority theft by law enforcement agencies, much like a stolen car.

Thefts in the distribution network will be investigated similar to thefts of controlled substances in the supply chain for pharmaceuticals or industrial chemicals and penalties would be very stiff. Gun dealers who manage to “lose” too much inventory would risk losing their licenses and/or find themselves un-insurable.

Any recovered gun that is registered and insured by someone else will be returned to its rightful owner, provided they can maintain the insurance on it.

Incentive programs (large cash rewards) should be considered to maximize the recovery of stolen weapons. The industry taking on the financial liability will find that this is in their interest. And they would pay for these programs, not taxpayers.

Cancelled policies – Can’t afford the gun anymore?

If your insurance policy is cancelled, you must immediately sell the gun (preferably through a licensed dealer) or give it up to be destroyed. Whoever buys the gun must prove that they are insured to own it immediately. Otherwise, you and your current insurer are responsible for the recovery of the gun and any ammunition. Liability does not end until it is all accounted for and either turned in to any police station to be destroyed or it must be sold legally. If your insurer needs to sue you for the missed premiums, that’s between you and them because neither of you are off the hook for any future civil liability if it is used in a crime. If you fail to pay, the insurer may obtain a court order to confiscate the gun from you very easily. The police may assist in the confiscation and they may charge a hefty fee for doing so, but it is the responsibility of the insurer.

Personal Responsibility. Free Market solution.

Stick that in your pipe and smoke it, libertarians.