Tuesday, April 16, 2013

Breaking: Gun Owners may be required to purchase Liability Insurance.

Here we go again.   Let's just keep piling on the regulation.  2nd amendment rights eroding every day.  I found this legal paper that addresses this issue.  Pretty interesting analysis.  This could curb government regulation.  My question is why do law-abiding citizens have to pay for the wrongful acts of others.

Mandatory Liability Insurance for Firearm Owners: Design Choices and Second Amendment Limits

Stephen G. Gilles 

Quinnipiac University School of Law

Nelson Lund 

George Mason University School of Law

April 10, 2013

Engage: The Journal of the Federalist Society’s Practice Groups, Forthcoming
George Mason Law & Economics Research Paper No. 13-26 

In response to the massacre at Sandy Hook Elementary School, some legislatures are considering proposals to require all gun owners to purchase liability insurance. Although this idea is not without merit, a mandatory insurance regime could easily be designed (either deliberately or inadvertently) in a way that would unnecessarily compromise the Second Amendment rights of individuals. This article provides an analysis that could contribute to designing mandatory liability insurance laws that deserve to be upheld by the courts charged with protecting the constitutional rights of American citizens.
Number of Pages in PDF File: 15
Keywords: accidental, Chicago, competitive pressure, Connecticut, control, D.C. v. Heller, direct government regulation, fourteenth, high-risk, law-abiding, low-risk, McDonald, malicious shootings, misuse, Newtown, possession, public safety, sale, self defense, substantial relationship, tort, Supreme Court.

Date posted: April 13, 2013  

1 comment:

Tom Harvey said...

The Lund paper being discussed concludes that some insurance requirements may be constitutional but thinks they are severely limited in application. The analysis at guninsuranceblog.com thinks it could be much wider.


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