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Maryland bill would force gun owners to get $300K liability insurance to wear or carry
(foxbaltimore.com)
this post was submitted on 01 Feb 2024
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Here's the problem...
We can require automobile insurance because driving a car isn't a right.
Now, owning a gun is a right, and you could argue that wearing or carrying the gun is not, but then you have to go back to New York vs Bruen:
https://supreme.justia.com/cases/federal/us/597/20-843/
New York used to require special permission to wear or carry a gun. You had to provide special justification for your need to carry and "because I don't feel safe" or "I want to defend myself" wasn't good enough.
Supreme Court ruled:
"We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need. That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him. And it is not how the Second Amendment works when it comes to public carry for self-defense."
Given that, I can't imagine they would hold an insurance requirement to be constitutional.
Should Alex Jones be forced to have liability insurance before spouting off conspiracy theories on InfoWars? Yeah, probably. But that's not the way the first amendment works either.
None of those other amendment rights are an inherent physical danger to innocent people. The Second Amendment is.
But it's not like insurance is going to help. If you buy a gun that gets used in a shooting, it's still used in a shooting. The only difference is that someone might get money, but it doesn't actually solve any problem.
What it does do is place a regressive tax on gun ownership.
Monetary compensation for harm is very common in our society. E.g. that why a person who commits sexual assault pays compensation to the victim. Didn't solve the problem, but it compensates an innocent victim. Same in a shooting.
The insurance should encourage responsible gun ownership. Insurance companies can easily adjust premiums based on training/licensing and premiums would be higher or lower depending on their risk calculation for the given type of weapon. Insurance can place extra requirements on storage and transport that might go well beyond the scope of what's allowed by law.
A cheap insurance plan would likely have more restrictions than an expensive one, plus your premiums would skyrocket after an incident, further encouraging responsible behavior
Insurance can have additional requirements beyond the law. For example my homeowner's insurance does not allow trampolines on the property. There's no law against trampolines but my homeowner's insurance made the determination that a trampoline is too big of a risk for them.
This is why I said: