In the wake of last Friday's unspeakable tragedy, I like many have been moved to think about the politics surrounding gun ownership and the policy problems at the heart of the issue. The legal and social forces impacting this question are intensely complex, but the need is so urgent that I hope we may see forceful and rapid action to reform our gun law regime in significant terms. In that spirit, I would like to add my voice to others who have proposed a policy solution that might form a departing point of consensus over a fraught issue: the adoption of a federal mandate requiring liability insurance for the purchase and ownership of a firearm.
First, let me address the underlying principle of such a proposal. The logic of requiring gun owners to purchase liability insurance is the same as that which applies to users of automobiles. Right now the rights of gun ownership are private, but the costs of gun accidents, injuries, and violence are socialized. This is a fundamentally unfair situation. The second amendment guarantees that gun ownership is a right, not a universal actuality on the terms most convenient to those desiring weapons. If the second amendment allows that every citizen may be compelled to pay the fair market value of a weapon, it also allows that each gun owner may contribute toward private funds mitigating the social costs of gun use.
This policy would naturally serve as a "gateway" impediment that would
deter gun sales, and those who oppose gun law reform might argue that it
would keep firearms out of the hands of those who "need" them. This is a
complicated point of contention, but it in no way rises to the level of
a disqualifying objection. The potential benefits of such a policy are
so salient that any ancillary "down side" could be remediated by, for
example, the passage of subsidies to make coverage accessible to small
business owners and low-income citizens who might otherwise be blocked
from gun ownership.
In social policy terms, this measure would be a versatile means to use the forces of the free market to foster gun safety and responsible gun use. Actuarial studies could determine the level of liability coverage that was optimal for all gun owners, and private insurers could be relied upon to sell such coverage to individual gun owners at the fair market cost. Naturally, gun owners who could demonstrate that they had adequate gun safety training, had laid plans for the secure storage of their weapons, and had purchased weapons whose design minimized social hazards (e.g. "smart guns" with private locks or designed to be operable only by their owner) would attain the most favorable rates of coverage from private insurers. Such an insurance regime would not only influence gun owners, but gun manufacturers and retailers as well, incentivizing them to adopt best standards and practices that promote gun safety and security in the community at large. Thus with a minimum of government intervention behaviors could be widely fostered that would be socially constructive and might deter tragedies like the most recent sorrow in Newtown.