Liability Insurance for Gun Owners?

January 28, 2013 by

As policymakers and legislators around the country continue to examine gun-control ideas, one Massachusetts lawmaker introduced this month what appears to be one of the more novel, out-of-the-box approach: requiring gun owners to purchase liability insurance.

As the news article on page E8 describes, Massachusetts State Rep. David Linsky (D-Natick), sponsored the bill in the hope that the insurance industry could help make gun ownership safer. “Insurance companies were able to discourage smoking through the marketplace and make cars safer through the marketplace,” Rep. Linsky was quoted as saying in the Associated Press report.

The bill’s proponents say insurance policies would give a legal recourse for those injured in gun violence. The bill could also create market-based incentives that might lower gun-related injuries. Gun owners could be rewarded with lower premium rates if they diligently take firearm training and safety classes and properly store their guns so that the weapons cannot easily be accessed by others.

Linsky was quoted in the AP report as saying that he intentionally left vague the details about what level of insurance would be necessary or whether existing homeowner’s insurance policies that cover guns in the home would be adequate.

The story sparked a heated debate on our Insurance Journal website, with some readers applauding the idea while others were dismissing it as practically unworkable. “These are not regulations or restriction. Just providing coverage to victims and, hopefully encouraging proper handling and storage of firearms,” a reader commented. “This is how the insurance market can help play a role in reducing incidences of gun violence. There will always be gun violence, but isn’t it worth some effort to lessen the impact it has on innocent victims?”

Another reader, however, slammed the proposal, saying, “More regulations, more restrictions on honest, responsible gun owners. What possible effect would it have on criminals – do you think they will be standing in line outside your agency’s door to buy this?”

This legislation brings a novel approach to the gun debate and there are several issues that may need to be closely examined before the bill moves forward.

As our readers commented, criminals usually don’t obtain their firearms legally and most likely wouldn’t purchase liability insurance. Even if they try to purchase liability insurance, the prohibitive cost would likely deter them from buying.

As Massachusetts legislators ponder this newly introduced bill, they will also need to address some questions. The insurance likely wouldn’t cover the policyholder’s intentional acts or others’ malicious, criminal behaviors. Could it still serve as a legal recourse for those injured? And would there be many carriers willing to offer this insurance for affordable prices in Massachusetts?