The podcast is back after a holiday and illness break. This week, we’re covering the pair of gun insurance mandates that have recently gone into effect.
R.J. Lehmann, a senior fellow at the International Center for Law and Economics, joins us to discuss the details of New Jersey’s gun-carry insurance mandate and San Jose, California’s gun ownership insurance requirement.
He said the requirements, which are the first of their kind, won’t accomplish the goal lawmakers have claimed. Namely, insurance companies can’t provide coverage for criminal acts. That basically leaves damage caused by accidental shootings as the only real option for coverage.
And even accidental coverage is more limited than most people realize. For instance, homeowners’ insurance–which San Jose now claims qualifies under its mandate–will cover accidental shootings, but only for damages done to third parties. That means any harm caused to the homeowner or family members living in the home wouldn’t be covered.
Lehmann said New Jersey’s requirement is even more problematic because it appears to be trying to require insurance against deliberate, and potentially criminal, acts. He said that’s not something any company offers nor is it a policy lawmakers could realistically force companies to offer. It also goes directly against the state’s complaints about “concealed carry insurance,” which are often not actual insurance policies but lawyer co-ops or group retainer plans.
Beyond the practical problems with the mandates, Lehmann said they also face an uphill battle in the courts. He explains why founding-era surity laws are a bad analogue for these modern requirements and why they are unlikely to survive the Bruen test in the long run.
Plus, Contributing Writer Jake Fogleman and I examine the new Illinois “assault weapons” ban. And Reload Member David Rice tells us about he went from buying his first gun in 2020 to getting involved in gun-rights activism.
You can listen to the show on your favorite podcasting app or by clicking here. Video of the episode is also available on our YouTube channel. As always, Reload Members get access on Sunday, and the episode goes public on Monday.
2 Responses
Steven,
2 things on Illinois from someone who’s familial duties has left him stuck here.
A. You mentioned that IL hadn’t passed a ban for 20 yrs + though there were local bans. IL used to have some strong progun democrats who prevented this kind of thing. However over the last few decades IL has lost population most of which was from outside of the Chicago area. This has shifted the power North to a much more concentrated urban population while reducing the number of the dominant party that had to keep in mind pro gun voters. The Republicans in IL are pretty much a vestige with little power.
B. IL’s Governor has a thinly veiled desire to be in the White House. I suspect he’d prefer perfectly fine, I do think he’s a true believer in this, if politically he can say I did this but those Crazy SCOTUS judges struck it down. He’s played this as a cure for thousands of deaths so I suspect if will be his answer to “Chicago’s crime rate.”
P.s. The mag ban is 15 for handguns 10 for longguns.
These are really good points. Thank you for the info.