California city approves 1st US insurance law for gun owners

[Omaha Steve]

Source: AP

SAN JOSE, Calif. (AP) — A California city voted Tuesday night to require gun owners to carry liability insurance in what’s believed to be the first measure of its kind in the United States.

The San Jose City Council overwhelmingly approved the measure despite opposition from gun owners who said it would violate their Second Amendment rights and promised to sue.

The Silicon Valley city of about 1 million followed a trend of other Democratic-led cities that have sought to rein in violence through stricter rules. But while similar laws have been proposed, San Jose is the first city to pass one, according to Brady United, a national nonprofit that advocates against gun violence.

Council members, including several who had lost friends to gun violence, said it was a step toward dealing with gun violence that Councilman Sergio Jimenez called “a scourge on our society.”



FILE - San Jose Mayor Sam Liccardo stops to view a makeshift memorial for the rail yard shooting victims in front of City Hall in San Jose, Calif., on May 27, 2021. Gun owners would be required to carry liability insurance and pay a fee under a proposed ordinance in the city of San Jose that officials say would be the first of its kind in the United States. Mayor Liccardo says it would also encourage the 5,500 households with a legally registered gun to have gun safes, trigger locks, and to take gun safety classes. (AP Photo/Haven Daley, File)


Read more: https://apnews.com/article/business-violence-california-united-states-gun-politics-998aa2507f995acb5a0c3e3661805a4a

[Lovie777]

1. Excellent ...

[twodogsbarking]

2. Insurance industry vs. Guns.

I may have to go back to bed and sleep on this.

[catsudon]

3. there is a problem with this.

do you think people who obtained their gun illegally would pay insurance?

i'd prefer tougher sentences on people with illegal guns, give them 5-10 years for illegal possession.

[turbinetree]

10. And just for giggles if you don't have the insurance and have an illegal gun...

just tack on another life sentences behind bars .......if you get busted....no if's or and's about it....
I can't wait to see what the US Supreme court and jonnie with his boys and girl do with jerks that make 3D guns....you know the ones without a serial number on the receiver.....and that federalist society bunch.....

[LiberatedUSA]

14. Since I have always heard...

…guns should be treated like cars, I am sure nobody will complain when a person who LEGALLY obtained their guns decides not to pay; as people can own cars without insurance; just can’t drive them on public roads.

Anyway, cheer for this, but federally it won’t happen and red states would ignore it anyway (not to mention nobody knows who has already legally purchased guns since it isn’t on record). No way this Supreme Court lets this stand.

[DENVERPOPS]

34. I think you would be shocked

at the number of people out their driving without insurance, especially DUI drivers that don't even have a Valid License, let alone insurance. We have extra insurance in case we are hit by an un-insured motorist, and it includes at an extra premium an UNDER insured motorist.............

[sarisataka]

40. Nationwide it averages

1 in 5 drivers is under insured and 1 in 7 vehicles has no insurance while on the road.

[DENVERPOPS]

44. It seems the advertisements on TV

for Car insurance push people towards the cheapest insurance. Them pushing the lowest allowable insurance is despicable as it doesn't cover much.

We had "no fault" insurance here in Colorado for the longest time. It worked really really well. Then we got a governor who pushed "at fault" insurance and our car insurance has never been the same.............

[inthewind21]

23. Do you think

People who have a car legally or otherwise ALL pay for insurance, or regularly register? Murder is illegal. Doesn't prevent people from committing it. Speeding is illegal, yep people speed. And maintaining insurance/financial responsibility on your vehicle(s) is the law. But yep, you guessed it. No law will 100% solve a problem. If it did, we'd live in utopia.

[msfiddlestix]

4. Good to read. Very creative and perhaps will make a difference.

Better than doing nothing, and dealing with the challenge of gun worshiper cult who only care about gun slinging rather than public safety can least be responsible for contributing to the financial costs/burden on communities stuck with the costs directly linked to gun violence.

[3825-87867]

5. What's the problem?

Idiots who drive without insurance already don't give a damn. If they cause an accident, THEY pay the costs. They just don't think they'll get caught or some attorney will get them off.

Get caught using an illegal gun, make them pay for any damage or loss of life...just like drivers.

Of course, the punishment will depend on whether the presiding judge is a 2nd Amendment Nut or not and whether the NRA or Republican Party or their owners will defend the perp or foot the bill (in the name of "freedumb!&quot

[Lonestarblue]

6. Good start at least.

With so many guns in the hands of the public, both legal and illegal, we need creative ways to hold people accountable, including holding parents accountable when their five year old gets a loaded gun and kills a sibling. That sounds harsh, but leaving loaded guns where kids can find andnuse them is stupid. Parents who leave children in locked cars on hot days get prosecuted. Gun owners who endanger children should also.

[radicalleft]

7. What's the over/under on how long it takes to be struck down

as unconstitutional?

[inthewind21]

24. Well

It's a city law in San Jose. CA Gun nuts have attempted to cry "unconstitutional" in CA. CA is perfectly capable of dealing with said nuts. Funny how "states rights" only selectively apply.

[NutmegYankee]

26. The 14th Amendment invokes federal restrictions onto state/local government.

This is why the 1st amendment applies to a city council as well as Congress for instance. Once the violation is argued to violate federal law (Constitution), the case can be moved to Federal court.

[MarineCombatEngineer]

28. You really think that this law won't be struck down by the first Fed. court it makes it to? nt

[DENVERPOPS]

37. just think of how many dem lawsuits and proposed bills will cease to exist.....

if the Republicans get the House, and/or Senate, and/or presidency.

We should be concentrating on the BIG things, then on all the other things........

#1 in my thinking is getting the Voter Rights passed........

[MarineCombatEngineer]

45. +100.

Without voting rights then we've got nothing.

[DENVERPOPS]

48. Thanks MCE ol' buddy

[twodogsbarking]

8. What we are doing now isn't working.

Why change.

[turbinetree]

9. About time.....this is just great....

I see the US Supreme Court getting involved in this one.....now what are the federalist society going to do on this bench....

[oldsoftie]

11. Well, Biden will get to replace Justice Breyer now that he's retiring.

That will be interesting.

[LiberatedUSA]

12. This will go to the Supreme Court.

Guess who is gonna win?

[TeamProg]

13. Me: even more proud to be born in san Jose ! ____________ n/t

[hack89]

15. Huge financial windfall for the NRA

they are a major seller of gun liability insurance.

[hack89]

16. "However, gun owners who don't have insurance won't lose their guns or face any criminal charges,.."

looks like some political posturing is going on.

[LiberatedUSA]

17. Guess I should have read it first.

I just assumed if they were gonna go through the trouble, there would be consequences. My responses thus far, were based on that.

[NutmegYankee]

21. All it would take is one criminal charge and this would be struck down forever.

At this point, I don’t see this surviving judicial review even without criminal penalties.

[mwooldri]

30. Yup. A civil matter.

Failure to obey the law doesn't invalidate ones constitutional rights. Nothing in this appears to me to infringe on the right of someone to keep and have "arms".

[UGADawg]

18. Homeowners Insurance covers ACCIDENTAL liability................

from gun use. Non accidental damage/death from guns is a crime. Insurance companies are not going to cover crimes.

[Crepuscular]

19. ...

You are spot on. And if the law requires gun owners to have insurance that is not obtainable, because no carrier will offer it, this law will be struck down in a New York minute.

[sarisataka]

22. You would want to check if your insurer

Will allow coverage for self-defense. Not all of them do and will only cover accidents

[DENVERPOPS]

39. I'm not an attorney

but for instance if the insurance existed on the crowd of people at demonstrations, it would be invalid due to the Act of War clause.???
And believe me, we are at war............

[sarisataka]

41. That would not come into effect

A war is between nation-states.

A demonstration is a civil disturbance which is covered- despite internet rumor. It is unlikely The group creating the disturbance insured themselves for such purposes but your insurance would cover you.

ETA> you must show self-defense of course; they aren't going to just take your word for it

[DENVERPOPS]

43. Thx for the info

[marie999]

20. I am against any law that makes law abiding citizens register their weapons.

[mwooldri]

31. Why? NT

[marie999]

32. We will not register our weapons because we are Jewish.

[mwooldri]

33. Huh? Why? NT

[marie999]

35. Read the history of the Jewish people.

The Jewish people have had good relations with countries they have lived in until they didn't.

[sarisataka]

38. Seriously? nt

[keithbvadu2]

25. Insurance - Protects the gun owners,the public,and makes profit for NRA and gun orgs.

Solution - NRA/gun orgs sell liability insurance…

"Guns: There's a "Free Market" Solution Every Republican Should Love"

Insurance lets the market decide. Profit for the NRA

Protects the gun owners,the public,and makes profit for NRA and gun orgs.

Surely the NRA/gun orgs would protect the rights and not take advantage of Americans.

https://hartmannreport.com/p/guns-theres-a-free-market-solution?r=nl8r&utm_campaign=post&utm_medium=web&utm_source=twitter

[ificandream]

27. Lawsuit already filed by gun wimps

As you knew it would be. (Story just mentions lawsuit, gives no details.)

[link:https://www.nbcbayarea.com/news/local/south-bay/san-jose-to-consider-liability-insurance-annual-fee-requirements-for-gun-owners/2787900/|]

[NickB79]

29. It's pretty obvious that not a lot of people understand liability insurance

It doesn't apply to illegal acts, like shooting someone in a crime.

[sueh]

36. Bravo, San Jose!

[FakeNoose]

42. Absolutely - this has to happen at the federal level

Don't leave it up to states to require liability insurance for handguns. Maybe certain large cities can make this is priority just like San Jose did. Looking at you, Chicago, New York, Philadelphia and LA.

Thank you San Jose, California for showing the way!

[Angleae]

47. Don't forget about "free speech insurance"

You might libel/slander someone and need the insurance to be able to pay for it.

[ManiacJoe]

49. Not necessarily a bad thing, but not what people think.

The insurance would only cover "accidental" deaths/injuries/damages.
The vast majority of problematic gun use is not accidental. It is either purposeful (suicides) or criminal.

Proper secured storage of firearms is a good thing.

[LiberatedUSA]

50. Does this bill also make the police get the gun insurance...

…or they exempt from this bill like they are from all gun legislation? You remember them? The cops we protest for murdering people? Do they also need to get this insurance?