State Senator Amanda Cappelletti (D-Norristown) on Friday proposed legislation that would force Pennsylvania gun owners to carry liability insurance.
In a memorandum describing her upcoming bill, Cappelletti wrote that gun-related injuries and deaths cost Pennsylvanians an estimated $12 million each year through lost wages, physical and mental healthcare payments, first-responder services and other expenses. She reasoned that some of these burdens should fall on firearm owners via insurance premiums. She added that insurers could then vary the size of those premiums according to whether policyholders take what she considers appropriate precautions.
“The General Assembly has not acted on sensible firearms legislation, but insurers can incentivize gun owners to implement safety measures, like using gun safes, installing trigger locks, and taking gun safety courses,” Cappelletti wrote. “We require motorists to carry automobile insurance, and the insurance industry appropriately encourages and rewards safe driver behavior.”
Many states have debated forcing gun owners to hold insurance policies for their weapons, though no such laws have been enacted statewide. Earlier this year, San Jose, California became the first city government to impose an insurance mandate on firearm owners. According to the U.S. Concealed Carry Association, gun-liability policies can range from dozens to hundreds of dollars per month.
In the wake of the San Jose law’s passage, gun-rights proponents like the Heritage Foundation’s Amy Swearer have made numerous objections to other jurisdictions adopting similar measures. First, they point out, enforcement will be difficult insofar as the government has no way of guaranteeing that firearm owners comply with the requirement.
They also note that because gun violence is usually coextensive with illegal conduct, insurance would not cover most injuries or fatalities that result from gunfire. A report that San Jose officials cited in support of their mandate found that “unintentional” or “undetermined” gun deaths in that city were are only 3.4 percent of yearly firearm fatalities.
In a commentary earlier this year, Swearer further objected to the San Jose law as unconstitutional, noting that the U.S. Supreme Court has invalidated similar measures on the grounds that they “impose a charge for the enjoyment of a right granted by the federal Constitution.” She also observes that insurance payouts going to victims families do not lessen any burden that taxpayers face.
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Bradley Vasoli is managing editor of The Pennsylvania Daily Star. Follow Brad on Twitter at @BVasoli. Email tips to [email protected].
Photo “Amanda Cappelletti” by Senator Amanda Cappelletti.
