September 23, 2008

Should District Gun Owners Need Insurance?

AllState-logo2.JPGEver since the Supreme Court ordered the District to allow gun ownership, we've heard any number of proposed regulations on how to get them, where to store them, when to use them and how to carry them. Today in the Post one reader proposes something a little different -- gun liability insurance:

The D.C. Council should require all gun owners in the District to obtain gun liability insurance. The Supreme Court has ruled in favor of an individual right to own firearms, but it did not say that jurisdictions cannot regulate guns in a way similar to how cars are regulated. A study by P.J. Cook and Jens Ludwig, professors at Duke University and the University of Chicago, shows the direct and indirect costs of handgun violence exceed $100 billion a year.

In fact, the National Rifle Association sells gun liability insurance. Responsible gun owners could procure insurance from reputable companies; those whom society would least want to own guns would have difficulty obtaining it at reasonable cost, if at all. As it stands, health insurers and taxpayers are penalized for the actions of criminals and irresponsible gun owners, who should be bearing the costs. Let the market resolve this issue and penalize those it determines are not responsible enough to own guns.

In August, a professor at Rutgers University made the same case, arguing that "while the activity may be lawful and to some extent necessary, those who engage in the activity should pay for the carnage the activity almost inevitably produces."

Good idea or just another scheme to make gun ownership that much harder? We'd like to hear your thoughts.

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People who own pit bulls, Dobermans, Rottweilers and other supposedly "dangerous" dogs are often required to carry liability insurance. Why not gun owners too?

 

"while the activity may be lawful and to some extent necessary, those who engage in the activity should pay for the carnage the activity almost inevitably produces."

The government requiring citizens to pay a private company in order to exercise their constitutional rights is insane. Can you say "undue burden"?

 

Well, to be fair, none of your other constitutional rights will leave a 4-inch exit wound in the back of your skull.

I figure if David Lee Roth can get paternity insurance for his wang, insuring your piece is the least you can do. For the children, I mean.

 
We'd like to hear your thoughts.
hahaha....actually, we'd like you to comment a lot to get our page hits up.

mission accomplished!

maybe!

 

The government could issue the insurance. Thus furthering the objectives of, "Operation the Cheese Stands Alone."

 

IMGoph,

You know us all too well. I was seriously curious of other people's thoughts, though, since I looked around and couldn't find anything arguing against this type of insurance.

Boomhauer,

You often have to to pay something to get permits for large demonstrations.

 

Since the Federalization of AIG is now complete, mandatory gun insurance will be the fast track to profits and solid gold rocket cars!

 

This would be a better idea if we required illegal handgun owners to pay for liability insurance.

Most of the "handgun violence" that the study refers to is probably a result of gang & drug related violence where illegal weapons were used.

Requiring liability insurance will only penalize law abiding citizens who will probably never fire their weapons outside of a shooting range.

 

sounds about as Constitutionally legal as a poll tax on voting...

 

I really doubt that the criminals who are causing the gun problems are going to worry too much about having gun liability insurance.

 

You are legally required in most states to insure your car (even if it's just to cover damages to others) so why shouldn't you have to have insurance for a gun?

 

This is my first DCist comment, but boy do I get riled up with these Martin-authored (anti-)gun articles. What the hell is up with the "carnage" bit you put in there? If you read the linked article, the quote is a poorly-written line having to do with explosives, not guns.

 
...those whom society would least want to own guns would have difficulty obtaining it at reasonable cost, if at all.

Let me get this right - society would least want poor people to own guns? Despite their being disproportionately likely to be the victim of a home invasion and therefore more in need of a gun for self-defense? Classy, Martin.

 

I'ld be interested in knowing if and what other jurisdictions might require.

It seems like a good idea for a handgun owner to have insurance (as well as night vision goggles and flannel kevlar pajamas for the dog and family), but the thought of our council working this regulation to resolution just seems like an impossible task.

 

hoyacougar, one of the main reasons that the poll tax was illegal was that it caused systematic discrimination against a protected group of people (based on race). I see no reason how the same would be true of requiring gun insurance.

The right to bear arms has never been intepreted by reasonable scholars as being absolute-just as the right to free speech is not absolute. Reasonable limits can be placed. Requiring gun-owners, via an insurance policy,to be financially responsible for damage that they may cause, sounds like a good idea to me.

 

Yep. And I think we should reinstitute the poll tax too.

 

Talking about insurance is kind of skipping ahead a bit. The first question we should be debating is how liable should someone be for harm caused by guns that they own legally? Should people be liable if their gun is stolen from their unlocked house and used in a murder? Should they only be liable for their own actions? What about their children?

Before we can talk about getting people covered, we have to make sure we know what we want them covered for.

And by the way RJ, the government hasn't bought AIG, at least not yet. AIG still has to decide to take the loan, which they haven't yet. Their big shareholders are still trying to raise enough cash so that the company won't have to take the loan. If AIG doesn't ultimately take the loan, then the government doesn't get a stake in the company.

And in conclusion: I too am opposed to the poll tax, but I am all in favor of the pole cat tax.

 

I'll get insurance if I can shoot anybody I want.

 

You often have to to pay something to get permits for large demonstrations.

I don't need a permit to stand on the corner and shout my opinion, or hold up a campaign sign. Wouldn't it be a undue burden on my exercise of free speech. Owning a gun is not analogous to a large demonstration.

And I'm a big fan of overly burdensome protest permits either.

 

can there be a distinction between gun owners and gun users?

i have ownership of, through inheritance, three handguns, only one of which qualifies as an actual antique. they were given to me by my grandfather, and i have no intention of ever actually owning bullets. i may not ever even learn to use them. i will like display them on my walls as art, along with the tigers my grandfather shot, and the photos of the tigers, my father, an animal conservationist, saved.

i would like to have access to these items, which are mine, but don't think i should have to pay exorbitant transfer fees or annual insurance just for having possessions of items i consider more akin to art than actual, usable weapons.

 

I second the pole tax. I'm tired of these guys with their huge penises making me feel inadequate. Why do you think I bought a gun in the first place?

What's up with that "guns cause $100 billion in damages every year" stat? Is that net or gross? I'd like to see where those Duke/Chicago University jokers pulled that stat from. Unless they pulled it out of their asses. In which case, they can keep it.

 

What a crock. Mandatory anything is a joke. What gives the government the right to nanny-manage every single little detail of my life?

At least with cars there is the vague argument that government pays for the roads.

I'm in favor of a poll tax. Before you vote, you answer a 20 question IQ test on the electronic voting machine. For every 5 point drop in IQ, you pay more to vote.

 

Much as I was loathe to see Congress override DC's handgun ban, I can't imagine gun insurance would work too differently in practice than car insurance does.

The people who are most likely to use the named device in an unsafe and illegal manner are also the least likely to comply with any legal requirements concerning licensure or insurance.

Now this isn't to say there shouldn't be such insurance in either case, but the laws on the books regarding automobile use don't keep unlicensed and uninsured drivers from causing serious-to-fatal crashes with other drivers. Gun licensing and insurance won't keep unlicensed and uninsured gun holders from causing serious-to-fatal injuries to other people.

 

Maybe bloggers and letters-to-the-editor writers should be required to buy a liability policy, in case in the course of exercising their First Amendment rights they libel/slander someone?

 

This will certainly reduce gun crime! I'd imagine the following conversation happening all over the city:

"Get strapped, we're rolling to 17th and Euclid for some payback."

"Nah, shit man, didn't pay my geico bill this month. Can't use the heater."

 

"Good idea or just another scheme to make gun ownership that much harder? "

Why choose just one?

 

Sorry, not buying this one. A knife or a tire iron can cause a lot of damage too, and incur medical costs, etc., but if you proposed insurance for those you'd be laughed out of the room. The only reason this is even being suggested with a straight face is because the entire debate on gun control is a joke with both sides arguing past each other. The ruling was made, get over it, and behave like adults. Also agree that the vast majority of these 'costs' are caused by illegal gun owners in the first place - what makes you think they will buy insurance to cover themselves before they go out and commit crimes?? What a crock..

 

Let's take this asinine argument a step further (for the children, of course): The argument for gun insurance is that gun violence causes some $100 billion in direct and indirect costs. Now, as others have pointed out, there's a real issue of whether those costs are the results of illegal gun possession violence or legal gun possession violence. Big difference there.

Now let's reduce the argument to its absurdity: Most violent crime in DC is committed by young black males. No doubt the direct and indirect costs of such crime is substantial. Therefore, we should require young black males to obtain liability insurance so that it is not taxpayers and insurance companies that have to bear the costs of criminal activities. Let's let the market resolve this issue and not penalize the general public for the sins of a small segment of the population. Sure there's that whole infringement on the Constitution thing. But it's for the good of our society. And the children.

 

so agree with Krisa.

Do the people in support of this really think law abiding gun owners are going to shoot up DC now that they are allowed to own a gun, a gun which is only allowed in their OWN HOME?


You were looking for an argument against I read it in the opionion article itself.

From the article:
"As it stands, health insurers and taxpayers are penalized for the actions of criminals and irresponsible gun owners, who should be bearing the costs. Let the market resolve this issue and penalize those it determines are not responsible enough to own guns."

So criminals are costing taxpayers money we need to make them pay for insurance. Uh does that make sense? If a criminal is carrying a hot gun do people think he is going to insure it? How is it exactly are you going to make the people that cost taxpayers money "bear the costs"?

How about instead of mandatory insurance and government nannying and more government expense of oversight, we leave it up to the police and courts. If you cost the taxpayers money in some fashion with a gun the law will be involved anyway, just make sure courts can fine people for the costs they caused. Problem solved and no one is getting rich, government doesn't add another department, and law abiding citizens don't have to pay for their constitutional rights.

 

Ledroitist: I actually did purchase liability insurance for my mouth, in case it accidentally goes off and kills somebody. Geico's "death by cunnilingus" package provides peace of mind at a reasonable price.

 

I thought these three comments from the WAPO piece were especially good:

benminer wrote:
To Mr. Burger - Your tired and overplayed car vs. gun analogy is fundamentally flawed for two reasons. First, there is no right in the Constitution to own a car. Second, there is no requirement to have liability insurance to simply own a car; but rather when you register and drive a car on public roads.

chensiqi wrote:
How many people are killed by neighbor’s gun in their own home and how many people are killed by neighbor’s cigarette lighters when apartment building is caught on fire? Why not require people carry liability insurance for their cigarette lighter?

montangnard wrote:
This discussion can go on forever but the reality is that everyone wants to blame someone else for a tragic event. To elect to blame one group of legitimate, law abiding citizens for the tribulations of the few who elect to use a weapon as a tool to commit crime is ridiculous. If the logic of the two editorial writers were applied to everything we use we would have no kitchenware, cars, mass transit, matches ad-infan-item. Lets get real folks, stuff happens in a cold and cruel world. We have become a country of blamers and not willing to accept the world as imperfect and flawed. When the two writers find utopia let the rest of us know.

 

You can complain all you want about the nanny state, but I saved a ton of money by switching my gun insurance to Geico. The little lizard told me to switch to +P+ .357 hollowpoints and carry three extra speed loaders. Now I've got twenty-four rounds that can rip a hole in a man the size of a trashcan lid. He also told me to go off my medication and to "Kill for the love of killing! Kill for the love of Kali!" Thanks Geico!

 

Personnally i would seriously consider handgun insurance - with a deductible of course - because i think it would fit with being a responsible handgun owner. Not too wild about the district mandating it but i probably would accept it because i think it would be prudent.

Heck if i blew a whole in the wall or blew out a window belonging to my neighbors house while protecting myself from an intruder i think the insurance might come in handy to repay the damages. Gee, being the good Christian that I am, i might even consider covering the a**whole's kneecaps or his funeral with my handgun owner's policy.

 

Not to keep dwelling on this but I do keep thinking of things. You can tell this is brought maliciously to be another obstacle to one's constitutional rights because it is being proposed now that hand guns are legal in DC. Why wasn't this enacted or even proposed in all the years shotguns were legal in DC? If the people proposing this actually believed the nonsense they spew, they would have already seen to it that DC shotgun owners would have insurance.

 

eso,

I'm not anti-gun at all, but I'm also not anti-gun regulation. This has to do with gun regulations that the city is currently debating, and it seems like an interesting policy proposal.

Lane,

I'm not making the argument for the liability insurance - someone else is. I think it's worth debating for sure. And yes, I considered the point you made. This type of insurance would more greatly affect poor people, many of which could justify needing to have guns for self-defense if they live in bad neighborhoods.

 
Heck if i blew a whole in the wall or blew out a window belonging to my neighbors house while protecting myself from an intruder i think the insurance might come in handy to repay the damages.
Wouldn't that be covered under standard homeowner's insurance, though?

I disagree with the posters who seem to be arguing that requiring gun insurance is equivalent to a poll tax. Voting does not involve property ownership. Nor does it involve owning and operating a device specifically designed for the purpose of causing lethal injury to others.

Saying that people should be able to own guns without accompanying fiscal responsibilities simply because the right to bear arms is in the Constitution is absurd. Are the posters proposing that the government should be in the business of distributing firearms to the populace at large, free of cost? And supplying the bullets? And gun safes? And cleaning and maintenance supplies? And training classes in the safe operation of firearms?

If we can't have socialized medicine because the notion runs so contrary to the fundamentals of American society (*eyeroll*), why the should we have socialized gun ownership? Gimme a break.

 

erahk,

That must be one big gun to cause enough damage to warrant an insurance settlement. A bullet hole in the wall cost about $5 to repair, plus you have enough spackle to cover up an additional 300 holes.

 

Wouldn't that be covered under standard homeowner's insurance, though?

But I don't pay homowner's insurance! I pay the Homer tax, and I still say there's too many goddamned armed bears running around here dressed as the homeless and forcing the bomb squad to shut down Metro stations!

We're here! We're queer! We don't want anymore bears!

 


Second, there is no requirement to have liability insurance to simply own a car; but rather when you register and drive a car on public roads.

Likewise, you should not be required to obtain liability insurance if you have a gun whose bullets will vanish once they enter public property.

Actually, even though the comparisons to the First Amendment, automobiles, and voting are all terribly specious, I'm inclined to think that gun owners should not be required to obtain liability insurance, although responsible owners probably should, especially if they don't have a renter's or homeowner's policy that will cover accidental, improper, or unauthorized use of a gun while it's on their property.

But Reid is right, before we address this question we first need a better sense of what gun owners might be liable for. For example, Long v. Turk (1998) and Estate of Heck v. Stoffer (2003) seem to be the legitimate precedents at this point, both of them affirming liability for a gun owner who fails to secure a gun, which is then taken by the gun owner's minor child and used to kill someone. Would that fly in the District? Probably at least initially, but I wouldn't be surprised if the Supreme Court (or even Congress) stepped in to overrule that outcome.

 

RJ, but what if erahk0's wild bullet went on to hit the neighbor's brand-new plasma-screen TV? 'Cause if I bought one, I'm pretty sure my neighbor would shoot it, out of jealousy if nothing else.

 

RJ

"That must be one big gun to cause enough damage to warrant an insurance settlement." You are correct sir! ;)

 

"Sorry, not buying this one. A knife or a tire iron can cause a lot of damage too, and incur medical costs, etc., but if you proposed insurance for those you'd be laughed out of the room. "

For the very simple reason that a knife or tire iron is in no way comparable to a gun.

But you knew that.

 

For the very simple reason that a knife or tire iron is in no way comparable to a gun.

Unless your gun looks like a knife or doubles AS a gun.

Would NOT like to know how much to insure those things would be.

 

If you have to have car insurance to drive, what's wrong with gun insurance?

Right now, the vast majority of gun deaths in DC are young men shooting up each other. Soon law abiding citizens will be joining them in firearms possessions and we'll see a surge in a. guns used domestic violence b. children accidentally shooting each other. c. suicides by gun d. gunowners fooling around and accidentally shooting themselves/family members/friends. e. guns stolen from lawabiders and used in commission of crimes.

Liability insurance would be worthwhile for any of those scenarios.

 

these threads would be terrific places to hide important information, because my eyes just glaze over and i stop reading things after a while. you could hide a treasure map in here and i'd never notice it. your secret would be safe...

 

I encrypted my Visa number up above. Anyone who figures it out gets an awesome $2000 credit line and inherits 150 air miles on Midwest Air.

 

@lou - "Soon law abiding citizens will be joining them in firearms possessions and we'll see a surge in a. guns used domestic violence b. children accidentally shooting each other. c. suicides by gun d. gunowners fooling around and accidentally shooting themselves/family members/friends. e. guns stolen from lawabiders and used in commission of crimes."

So handguns have been legal now for two months or so? and Shotguns and rifles for years? How come I haven't read one report about a law abiding gun owner doing a single thing you have listed?

How come I read daily multiple shootings resulting from criminals? I think you can take that argument behind the shed, oh wait, you don't have anything to shoot it with.

 

it seems to me that, as so much gun violence comes from illegally trafficked weapons, gun owners insurance wouldn't do all that much good. it would make a whole lot more sense to crack down on gun trafficking.

 

these threads would be terrific places to hide important information, because my eyes just glaze over and i stop reading things after a while.

That's all part of Martin's diabolical plan. Gun ban threads are like those 3D optical illusions where you have to let your eyes cross and slowly go out of focus to see the picture hidden beneath the random pattern of pro/con posts.

In this case, it's a Charlton Heston goatse.

 

Interesting comment regarding that 100 billion dollar figure from WAPO Comments.

fsilber wrote:
Author wrote: "A study by P.J. Cook and Jens Ludwig, professors at Duke University and the University of Chicago, shows the direct and indirect costs of handgun violence exceed $100 billion a year."

Actually, gun violence may be a huge money-saver, when you consider the alternative of lifetime imprisonment for all the gang members who nowadays die.

But even if you don't want to benefit that way, this article tells how Cook and Ludwig came up with their figures:

http://www.i2i.org/main/article.php?article_id=1515

It says:

Cook and Ludwig arrived at their contrived figure by conducting a survey of 1,204 adults. They asked respondents if they would pay $50, or $100, or $200 in increased taxes, in order to reduce firearm-related crime by 30 percent. They then extrapolated their figure to arrive at what the total number of households in the U.S. would be willing to pay to eliminate firearm-related violence by 100 percent.

The sleight of hand here is equating what people in their survey sample would be willing to pay to reduce gun violence with the actual cost of gun violence. Then, adding in jury awards and other estimated costs, they arrived at a nicely rounded, easily remembered figure of $100 billion per year from gun violence.

Although admitting that the tangible dollar cost was minimal, they hoped that they would "provide some leverage in moving the policy debate...." And they did. This figure is parroted now as if it were a scientifically proven fact, instead of merely smoke and mirrors.

 

I'm sure that $100 billion figure will eventually be accepted as fact, like the "one-in-four women have been raped" statistic.

But it's always been easier to generate bogus statistics than actually deal with the underlying problems of criminal and sexual violence.

 

I bet Dick Cheney wishes he'd had some gun insurance...

 

AFAIK most homeowner policies cover getting sued for accidents, including with firearms. I asked an agent one time why there wasn’t a separate provision (and charge) for firearm accidents. It was his opinion that the risk wasn’t great enough to justify making it a separate item and writing different policies for gun-owners. They will add a rider and charge to insure against the loss of a valuable firearms collection.

The vast majority of “firearm violence” consists of criminal acts, and no insurance can cover such.

Texas, and several other states, has recently granted civil immunity to someone who was legally justified in using deadly force.

In such a case, would the gun-owner get a refund for all the future "gun violence" the criminal won’t commit?

 

As an aside, I think it's really amusing you guys have Front Sight (Firearms training camp in NV) as an advertiser now. Looks like they heard of our debates over the past couple months!

Martin, way to bring in the adverts! The man earns his keep!

 

So I'm interested in how the insurance companies would make this work, premium wise. Would it be like auto insurance, where older gun owners get a discount and younger gun owners have to pay a higher rate? Do you get discounts for gun training courses? Trigger locks? Safes? Dissasembly? Seat belts? Do you get denied coverage if you murder everyone in your home? Commit suicide? What if it was justifiable homicide, where one of your multiple personalities was convinced that aliens had been tampering with your brain and making you think that Star Trek was actually a documentary?

 
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