Posts Tagged ‘guns’

Proposals to make gun owners carry liability insurance

“Liability insurance” may be a misnomer, since some of the proposals would require the purchase of bonds against both intentional acts commonly excluded from ordinary liability coverage, and also misadventures for which owners would not presently be held legally responsible (such as third party criminal use of a gun following a theft not occasioned by owner negligence.) [Reuters, Nelson Lund/GMU, Jessica Chasmar/Washington Times, New York Times via Fed Soc, Taranto/WSJ, Josh Blackman]

Would a mandatory insurance scheme survive judicial scrutiny if it were motivated by a desire to burden the exercise of a constitutional right? David Rifkin and Andrew Grossman, WSJ:

Several states… are considering gun-insurance mandates modeled after those for automobile insurance. There is no conceivable public-safety benefit: Insurance policies cover accidents, not intentional crimes, and criminals with illegal guns will just evade the requirement. The real purpose is to make guns less affordable for law-abiding citizens and thereby reduce private gun ownership. Identical constitutionally suspect logic explains proposals to tax the sale of bullets at excessive rates.

The courts, however, are no more likely to allow government to undermine the Second Amendment than to undermine the First. A state cannot circumvent the right to a free press by requiring that an unfriendly newspaper carry millions in libel insurance or pay a thousand-dollar tax on barrels of ink—the real motive, in either case, would be transparent and the regulation struck down. How could the result be any different for the right to keep and bear arms?

(& slightly expanded/adapted version at Cato; The Hill “Blog Briefing Room”)

P.S. The American Insurance Association is opposed to the more ambitious versions of the idea, at least: “Property and casualty insurance does not and cannot cover gun crimes.”

February 17 roundup

  • Federal taxpayers via National Cancer Institute grant dished out more than a million dollars to pay for laughable conspiracy-theory report smearing Tea Party [Hans Bader, more, Jacob Sullum on report from Stanton Glantz, whom we’ve often met before] “Rather than [being] a spontaneous popular phenomenon, opposition to the tea parties was nurtured by the government.” [@RameshPonnuru]
  • Ken on why the relentless overuse of the epithet “bullying” gets on his (and my) nerves [Popehat; Clark at Popehat on New York police chiefs who feel bullied because someone won’t sell them guns]
  • On immigration, advocates of liberty can’t afford to ignore the future-polity angle [Eugene Volokh; Ilya Somin with a response]
  • More on that wretched State of the Union retread, the Paycheck Fairness Act [Hans Bader, Ted Frank, 2009 DoL study, earlier here, here, here, here, here, etc.] Other dud SOTU ideas: federally paid universal preschool [Andrew Coulson, related, more, related on minority kids’ results, yet more, Neal McCluskey on public infant care, Tyler Cowen] minimum wage hike [Chris Edwards, Veronique de Rugy]
  • Woman sues fitness club over “sexually suggestive” exercises [CBS Dallas]
  • Silent witness: undeveloped state of law, police, insurance contribute to widespread Russian use of dashboard cams [WaPo]
  • Would-be assassin came dressed as postman: Danish free-speech advocate Lars Hedegaard interviewed [Spectator]

“Reflections on gun control by a Second Amendment advocate”

From Cato Institute chairman Robert Levy, who was co-counsel in the landmark D.C. v. Heller case. [National Law Journal] More: Trevor Burrus, The Blaze. And the New York Times takes up the topic of guns and suicide, but with some pretty big omissions [Tom Maguire, Ira Stoll/SmarterTimes]

Further: “Senate Judiciary Committee Hears from Cato on Gun Policy” [Ilya Shapiro, citing contributions by David Kopel, Randy Barnett, etc.] And while Bing’s real-time reaction tracker isn’t a scientific voter survey (though the sample size is large, and there’s a partisan breakdown) it seems I was not alone in being put off by President Obama’s demagogic “they deserve a vote” State of the Union wind-up on gun control. [Mediaite]

Guns roundup

Schools roundup

  • Disabled kids and their parents among chief losers in NYC school bus strike [Richard Epstein]
  • “School District to Spend $2.4 MILLION on Guards? A Mom Protests” [Free-Range Kids, N.C.] “Our Schools Are Safe Enough: A Movement to Stop Overreacting to Sandy Hook” [same] Shame that NRA would decide to push big government mandate at taxpayer expense [Brian Doherty]
  • LSAC challenges new California law banning flagging applicants’ extra time on LSAT [Karen Sloan, NLJ]
  • One year on job, 13 years in rubber room for NYC teacher accused of sexually harassing students [NY Post]
  • Missouri lawmaker introduces bill criminalizing failure to report gun ownership to child’s school [Caroline May, Daily Caller]
  • Suing for edu-bucks: “Court says Kansas must increase school funding, slams tax cuts” [Reuters, Severino/NRO]
  • “Yay for Recess: Pediatricians Say It’s as Important as Math or Reading” [Bonnie Rochman, Time]

“Gun control’s Potemkin village”

“The agenda includes mostly measures that will have little or no effect on the problems they are supposed to address. They are Potemkin remedies—presentable facades with empty space behind them. … The assault weapons ban was irrelevant to fighting crime before, which is no reason it can’t be irrelevant again.” [Steve Chapman, Chicago Tribune/syndicated] The Washington Post interviews Bob Levy, chairman of the Cato Institute and a key mover of the Heller v. D.C. individual-rights litigation, on what types of gun controls he sees as consistent with the Second Amendment as explicated in Heller. And don’t assume the gun debate breaks down along lines of urban vs. rural, liberal vs. conservative, or individualist vs. communitarian; it often doesn’t [David Kopel, NYT “Room for Debate”]

More from Cato: Tim Lynch on what happened to gun crime in D.C. after Heller, and on the civil rights history of “Deacons for Defense”; Trevor Burrus on New York Gov. Andrew Cuomo’s move to toughen the state’s already widely evaded gun laws; video with Tim Lynch and Caleb Brown on the Obama gun agenda. And from Damon Root, commenting on an Akhil Amar article, some surprising (and at times Cato-mediated) connections between gun rights and gay rights [Reason]

“Living with Guns: A Liberal’s Case for the Second Amendment”

A Cato Forum held January 9 and featuring Craig Whitney, author, Living with Guns, and a former New York Times reporter and editor; Alan Gura and Alan Morrison, who argued opposite sides of the Heller case; and as moderator, Cato senior fellow Ilya Shapiro.

Meanwhile, getting the jump on President Obama’s proposals, Gov. Andrew Cuomo and the legislature of New York have rushed to passage a hasty new gun control package [Roger Pilon, Jacob Sullum, Bob McManus/NY Post, more from Sullum on “false urgency”]