Congress Should Push For Mandatory Gun Insurance

Agenda-Setting Financial Insight.
Dec. 18 2012 12:28 PM

Congress Should Push For Mandatory Gun Insurance

85879842
Could the damage caused by firearms give the government a “compelling interest” to require insurance?

Photo by Joe Raedle/Getty Images

Congress should push for mandatory gun insurance. Firearm ownership is a U.S. constitutional right. But as last week’s massacre again demonstrated, it comes at a cost. Requiring liability coverage could be one way to keep the most dangerous weapons from unstable hands without infringing the law.

The biggest legal obstacle to gun regulation is the U.S. Constitution’s Second Amendment. The right to bear arms has generally trumped strict limits on ownership, especially since the Supreme Court’s 2008 decision extended the right to individuals. Imposing a hefty insurance policy could make owning a firearm prohibitively expensive for some and create constitutional problems.

Advertisement

But tying the price of coverage to the cost of gun incidents could work. And there’s a strong argument that damage caused by firearms gives the government a “compelling interest” to require insurance, the test for infringing a constitutional right. There’s already a precedent: the National Rifle Association offers liability insurance to members.

Moreover, the market should be efficient at weighing the risks. Insurers specialize in figuring out the odds of something going wrong and charging the appropriate amount. Car insurance premiums are based on both the driver and the vehicle. A 19-year-old man with a Porsche and a history of moving violations pays far more than a 40-year-old minivan driver with a clean record.

So a shotgun owner who has hunted for years without incident could be charged far less than a first-time owner purchasing a semi-automatic. In other words, people would be financially discouraged from purchasing the most risky firearms and encouraged to attend gun safety classes and use trigger locks. And the insurance could provide some restitution for those hurt by guns.

There are drawbacks, of course. Insurance would probably only cover the owner, not the gun, so could be useless in incidents where the gun has been stolen. And those looking to get guns off the streets fast would be disappointed: it would take some time for the discouraging effects of high insurance premiums to trickle down.

Tying insurance to ammunition sales as well could make such a policy more effective more quickly. Either way, liability coverage could be one way to bring the two sides of the gun control debate together. 

Read more at Reuters Breakingviews.

Robert Cyran moved from the London office to New York, where he covers global technology, pharmaceuticals and special situations. Rob began his career at Forbes magazine, where he assisted in the start-up of the international version of the magazine.

Reynolds Holding is a Breakingviews columnist who writes from New York about the law in conjunction with Reuters Legal. Before joining Breakingviews, he was a national editorial producer for the Law & Justice Unit at ABC News, a senior writer for Time magazine and the executive editor of Legal Affairs, the first general interest magazine about the law.

TODAY IN SLATE

Politics

Don’t Worry, Obama Isn’t Sending U.S. Troops to Fight ISIS

But the next president might. 

IOS 8 Comes Out Today. Do Not Put It on Your iPhone 4S.

Why Greenland’s “Dark Snow” Should Worry You

How Much Should You Loathe NFL Commissioner Roger Goodell?

Here are the facts.

Three Talented Actresses in Three Terrible New Shows

Science

The Human Need to Find Connections in Everything

It’s the source of creativity and delusions. It can harm us more than it helps us.

Foreigners

More Than Scottish Pride

Scotland’s referendum isn’t about nationalism. It’s about a system that failed, and a new generation looking to take a chance on itself. 

The Ungodly Horror of Having a Bug Crawl Into Your Ear and Scratch Away at Your Eardrum

We Could Fix Climate Change for Free. What Exactly Is Holding Us Back?

  News & Politics
Weigel
Sept. 17 2014 7:03 PM Once Again, a Climate Policy Hearing Descends Into Absurdity
  Business
Business Insider
Sept. 17 2014 1:36 PM Nate Silver Versus Princeton Professor: Who Has the Right Models?
  Life
Outward
Sept. 17 2014 6:53 PM LGBTQ Luminaries Honored With MacArthur “Genius” Fellowships
  Double X
The XX Factor
Sept. 17 2014 6:14 PM Today in Gender Gaps: Biking
  Slate Plus
Slate Fare
Sept. 17 2014 9:37 AM Is Slate Too Liberal?  A members-only open thread.
  Arts
Brow Beat
Sept. 17 2014 5:56 PM Watch Louis C.K., Dave Chappelle, Bill Hicks, Mitch Hedberg, and More on New YouTube Channel
  Technology
Future Tense
Sept. 17 2014 7:23 PM MIT Researchers Are Using Smartphones to Interact With Other Screens
  Health & Science
Jurisprudence
Sept. 17 2014 4:49 PM Schooling the Supreme Court on Rap Music Is it art or a true threat of violence?
  Sports
Sports Nut
Sept. 17 2014 3:51 PM NFL Jerk Watch: Roger Goodell How much should you loathe the pro football commissioner?