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discntnt_irny_srcsm

(18,479 posts)
Sat Jan 29, 2022, 11:07 PM Jan 2022

San Jose becomes 1st in US to require gun liability insurance, city officials say

https://abc7news.com/san-jose-gun-law-control-laws-sam-liccardo/11508623/

SAN JOSE, Calif. -- Gun owners will soon be required to carry liability insurance and pay a fee in the city of San Jose that officials say would be the first of its kind in the United States, following a trend of other Democratic-led cities that have sought to rein in violence through stricter rules.
...
Having liability insurance would encourage people in the 5,500 households in San Jose who legally own at least one registered gun to have gun safes, install trigger locks and take gun safety classes, Liccardo said.
...
The liability insurance will cover losses or damages resulting from any negligent or accidental use of the firearm, including death, injury, or property damage, according to the ordinance. If a gun is stolen or lost, the owner of the firearm would be considered liable until the theft or loss is reported to authorities.

The requirement won't apply to current and retired law enforcement officers or those with a license to carry concealed weapons.


I guess we'll see if this has an effect.
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San Jose becomes 1st in US to require gun liability insurance, city officials say (Original Post) discntnt_irny_srcsm Jan 2022 OP
It's already made one change RainCaster Jan 2022 #1
I found a graph. discntnt_irny_srcsm Jan 2022 #2
I have no doubt it will have an effect sarisataka Jan 2022 #3
Which company was it that... discntnt_irny_srcsm Jan 2022 #4
A few comments melm00se Jan 2022 #5
Details discntnt_irny_srcsm Jan 2022 #6

RainCaster

(10,868 posts)
1. It's already made one change
Sun Jan 30, 2022, 03:02 AM
Jan 2022

An old friend from school left San Jose for Idaho. He's a RW gun humper, so it's pretty much what you would expect.

discntnt_irny_srcsm

(18,479 posts)
2. I found a graph.
Sun Jan 30, 2022, 09:25 AM
Jan 2022

To be clear, this insurance will pay on the gray shaded "Preventable/Accidental" section.
The "Undetermined" area may see some coverage as well; best guess would be a crap shoot.
Link- National Safety Council:
https://injuryfacts.nsc.org/home-and-community/safety-topics/guns/


This graph is 2020. The latest numbers from the CDC are for 2019.
(CDC) Unintentional (Includes undetermined) Firearm Injuries: 20,814 (Estimate)
https://www.cdc.gov/injury/wisqars/nonfatal.html
(CDC) Unintentional Firearm Deaths: 486
https://www.cdc.gov/injury/wisqars/fatal.html

I guess the 2020 numbers are close.

Something from the insurance industry: https://www.iii.org/article/background-on-gun-liability

Overview

The idea that insurance can help prevent deaths from firearms often rises to the forefront of the nation’s consciousness following mass shootings.

Advocates of the idea believe that if gun owners were required to purchase insurance, the cost of the insurance would provide them an incentive to own fewer firearms and/or more carefully store the firearms they own. However, no U.S. insurance company offers separate, stand-alone gun liability coverage. In considering whether insurance is an appropriate mechanism to prevent mass shootings, it is important to note that no insurer – primary or excess – provides liability coverage for illegal acts. Looking ahead, there is very little likelihood that insurers would develop such coverage.

Excess personal liability coverage for firearms owners is available, though typically only through membership in a firearms association.

Acts that are intended or expected to cause harm are also generally excluded, though some policies will provide coverage in cases for which bodily injury or property damage results from the use of “reasonable force” by an insured to protect persons or property. “Self-defense” coverage for firearms owners is available, though rarely found.

melm00se

(4,991 posts)
5. A few comments
Mon Jan 31, 2022, 04:16 PM
Jan 2022

1) pay a fee in the city of San Jose

It is highly unlikely that this aspect of the law will survive a constitutional challenge. This could (and probably will be) categorized the same as a "poll tax" and we all know how that was/is viewed.

2) required to carry liability insurance

Insurers rarely offer any separate gun liability insurance policy. Most individuals have some property and liability coverage for firearms in their standard homeowners’ policy. Additional liability coverage is available through a personal umbrella policy. A few policies cover losses from accidental shootings in excess of the homeowners’ coverage.

When there is liability insurance, it only covers accidental shootings and in some cases, acts of self-defense. There is no coverage for criminal or other intentional shootings.

There is more discussed here.

discntnt_irny_srcsm

(18,479 posts)
6. Details
Mon Jan 31, 2022, 06:04 PM
Jan 2022

1) I agree the fee won't wash but will provide a nexus for a number of court challenges.
2) Insurance coverage for criminal actions is just silly. Check out my info and link to the Insurance Industry Institute:
https://www.democraticunderground.com/1172211365#post2

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