Our Two National Liabilities
By Mitch Berg
Among the welter of new laws going into effect at every level of government this past week are two one must suspect the MN DFL “trifecta” will trot out sooner than later; gun insurance.
San Jose passed a municipal ordinance requiring gun owners carry liability insurance.
Notably, the kinds of coverage mandated by the ordinance would not cover the overwhelming majority of firearms incidents that tend to be the subject of public concern. To start, homeowners and renters policies only extend coverage for injuries to third parties. Generally, this would mean guests, contract workers, or other visitors to the insured’s property, or in some cases, to third parties who were injured by the insured off-premises. Injuries to other members of the household would not be insured. Thus, the paradigmatic example of a tragic firearms accident—a child gets hold of an unsecured firearm and injures his or her sibling—would not be covered.
Naturally, this depends on the integrity of the state’s insurance regulators. After New York’s attack on the NRA’s carry insurance program, it’d seem that trust is misplaced, at least in all “Blue” states.
Depending on one’s point of view, the new law in New Jersey would appear to be even more insidious, or comically incompetent; it doesn’t specifically rule out insuring illegal activities with guns:
As to whether it would violate New Jersey insurance law to extend coverage to criminal acts, the question is—as it is in many states—somewhat complicated. But ultimately, the state Supreme Court has repeatedly upheld exclusions for “expected or intended” injury as barring coverage, including in Voorhees v. Preferred Mutual Insurance Co. (1992), SL Industries v. American Motorists Insurance Co. (1992), and Harleysville Insurance Cos. v. Garitta (2001). Moreover, in 1990’s Figueroa v. Hartford Insurance Co., the Appellate Division of the Superior Court of New Jersey held that an injured party could be collaterally estopped from suing a third-party’s insurer to relitigate questions of intent where that intent had been settled in a previous criminal action, such as by a guilty judgment or plea.
At a minimum, it can therefore be said that New Jersey insurance law broadly permits exclusions for intentional acts in personal liability policies and that state courts have shown deference to criminal proceedings as dispositive in settling questions of intent (which isn’t necessarily true in all states.) Given that backdrop, a broad reading of A. 4769’s text would appear to require the state’s firearms owners to obtain coverage that does not actually exist, particularly in the wake of regulatory actions to shut down the NRA’s Carry Guard program. That would amount to a de facto ban on firearms ownership, directly contravening the Supreme Court’s 2008 decision in District of Columbia v. Heller, even before applying the Court’s more recent Bruen test.
I can see the MNDFL majority copying and pasting either law.
January 4th, 2023 at 11:25 am
The march of leftist fascism carries on.
January 4th, 2023 at 11:36 am
before the resident troll asks what is wrong people
being responsible for the consequences of their own actions
let me remind us that is the entire premise behind socialized government
that people should NOT be responsible
for the consequences of their own actions
but those costs should instead be spread across all of society
just like having babies out of wedlock
or driving without car insurance
or making bad mortgage loans
January 4th, 2023 at 3:17 pm
let me remind us that is the entire premise behind socialized government that people should NOT be responsible for the consequences of their own actions
Wrong. NONE of the actions under a soci@lized goobernment is OWNED, only permitted by the same SG for societal good, as determined by the commissariat of the SG.
January 4th, 2023 at 3:41 pm
Requiring a (non-existant) product (insurance) to exercise a Constitutional right seems un-Constitutional (Shall not be infringed).
January 4th, 2023 at 4:22 pm
Shit, TKS, a different (Democrat) Supreme Court managed to smash the 10th Amendment and they’re working on the 1st. Why not the 2nd?
January 4th, 2023 at 6:12 pm
This isn’t a big deal. In fact, if you’re carrying a firearm everyday (and if not, why not?) the last thing you need to spend a nanosecond thinking about is liability.
For $29 and change per month, the USCCA provides $1m in insurance, and 24/7 access to a law talker that is one of us. They also have lots of training available and the monthly mag is always a good read.
Mention my name as a reference, and I get good stuff which I deserve.
PS: their HQ is in Wisconsin, which is a bonus for you Tundra dwellers when it comes to training opportunities.
https://www.usconcealedcarry.com
January 4th, 2023 at 6:14 pm
BTW; as has been mentioned, requiring insurance to excersize a constitutional right (such as they are) is bullshit and should and will get tossed.
I just don’t like to take chances.
January 4th, 2023 at 6:30 pm
St. Paul forms permanent reparations commission in move toward ‘real racial justice’
😂😂😂😂
January 4th, 2023 at 6:44 pm
Oh, wait…seems I was a little quick with the mocking laughter.
Y’all are in good hands…I stand corrected
New Minnesota state Rep. Maria Isa Pérez-Vega drops a rap album the same day she’s sworn in
January 4th, 2023 at 11:02 pm
[…] Post Shark Tank: Former Brazilian President Bolsonaro Now Living In Florida Shot In The Dark: Our Two National Liabilities, also, But Of Course STUMP: Kentucky Asset Manager Warning: the ESG Brou-Ha-Ha Continues This […]
January 5th, 2023 at 2:55 am
Gaetz et.all. are forming a 3rd political party in real time, right before our eyes.
Many of not know this.
January 5th, 2023 at 8:04 am
Speaking of national liabilities, the fiscal bandaid congress put on the budget bill last year will run out of fiat currency around July this year.
One of the many things the Tall Twenty object to is passing another debt ceiling hike without first passing a spending cap bill.
The scumbag majority in the Senate is not likely going to concede their ability to print more fiat cash to piss into the wind.
Shutting the feds down cold would be a wonderful birthday gift for me. Default? Hell yeah, man. The value of my hard currency stockpile would go through the roof!
What do I care if Ukraine and Israel don’t get their gibs? Fuck the WEF and NATO, too.
God’s speed to the 20.
January 5th, 2023 at 8:07 am
Blade;
Good on ya for pointing out the benefits of being a USCCA. I’ve been a member for years and although my libidiot, gun hating wife objects, I think that it’s a great bargain overall. As far as the lawyers go, I’ve been to a couple of USCCA events and met several of them, including six in the same extended family. God forbid that I ever need one of them, but if I do, I’m going to rest a lot easier. Here’s a hint: if there is something that rivals a pissed off pit bull, that’s how they’ll defend members.
January 5th, 2023 at 8:35 am
More good news for Minnesota.
“New Hennepin County attorney sworn in on graphic novel about John Lewis”
Lol..😂
“…former chief public defender, Mary Moriarty promoted “restorative justice programs” on the campaign trail as an “alternative to incarceration” and “traditional prosecution.”
“Incarceration disconnects the person who committed violence from their community and makes reintegration extremely difficult…”
Disconnecting violent criminals from the community is the whole point! But Xe’s not done yet…
“Mary’s office will seek to provide an alternative to traditional prosecution through restorative justice as an option for victims.”
So, she will pressure victims to sign off on xer nut case plea deals…
Xe also opposes the cash bail system, which is “not helping to make our community safer”
And there’s more! 🥰
“According to Fox 9, 14 senior employees in the Hennepin County Attorney’s Office said they plan to leave when Moriarty takes over.”
What manner of reprobate do you think Xe will replace the with? Ben Crump clones…
She’s a lesbian, too, of course.
January 5th, 2023 at 8:46 am
BH…I married a lefty woman in my early 20’s. We all make mistakes 🤷 Dumping her stupid ass was one of my best moves, and I’m sure she’s living her best life in Portland.
30 years later, my wife now carries an air weight Smith, can use a chain saw and thinks I’m half a Commie. 👍
January 5th, 2023 at 8:48 am
^ I don’t why anyone would have a problem with these developments in the HennCo justice system. Now the judges, (public) defenders, *and* the prosecuting attorneys will all be singing from the same hymnal.
Btw, those 14 senior employees were probably troublemakers (blasphemers) anyway.
January 5th, 2023 at 9:29 am
This seems like a much more effective way to clamp down on guns and especially Permits to Carry. Give ’em to people with little or no self-control.
https://twitter.com/CrimeWatchMpls/status/1610037709200044032
January 5th, 2023 at 11:26 am
jdm, we should count ourselves lucky that 1/2 of them have felony beefs, or it really would be the Wild West out here.
They routinely pull their pieces on fast food workers who are not fast enough to suit them, and treat others they encounter as an inconvenience to be shoved aside at will.
Allowing negroes access to firearms has made going to the store more a more perilous adventure than the trek of Stanley Livingston. We shouldn’t have to live like this.
January 5th, 2023 at 11:41 am
… inconvenience to be shoved aside at will. Moreover, they kill each other annually in numbers that exceed those lynched over the history of the US.
January 8th, 2023 at 5:18 pm
Has that 6 year old kid who shot his teacher been invited to speak at CPAC yet?
Elementary School Teacher Shot by 6-Year Old in Virginia, Police Say
https://www.wsj.com/articles/elementary-school-teacher-shot-by-6-year-old-in-virginia-police-say-11673047864