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View Diary: Instead of "Assault Weapons", how about a fire-rate restriction? (173 comments)

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  •  One Step Beyond Cars. (0+ / 0-)

    I don't know about other states, but if you own a car you are liable for accidents even if you aren't in the car at the time.  It's subject to pretty low dollar limits and only applies to accidents by permissive users.  It's not crazy to say that the owner's liability for guns should be greater because the products themselves are different.

    I wouldn't oppose the tax/insurance idea but I'm not sure about the math.  You know people on the right will go crazy about a tax taking away private enterprise.  It's like health care only worse.  If you assume 30,000 gun deaths per year, a payout of $2,000,000 per gun death, and 300,000,000 guns in private hands that would work out to an insurance cost of $200 per gun per year.  That's without administration costs and without paying for people who are injured, but not killed, by guns.  Serious injuries tend to cost a lot more than deaths because of ongoing medical care, etc.  If I were writing the rules I might not have insurance pay off when the owner of the gun is shot and wouldn't pay the gun owner if he was the next of kin of the person shot, so that would bring the numbers down a bit, but it would still add up to a big number per year.

    •  You can cancel your insurance if you don't have (2+ / 0-)
      Recommended by:
      BlackSheep1, high uintas

      ownership of your car anymore, and I'm almost certain you're not liable if the car is stolen and misused.

      I see what you did there.

      by GoGoGoEverton on Mon Jan 21, 2013 at 12:15:38 PM PST

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      •  Yes, I said that. (1+ / 0-)
        Recommended by:
        splashy

        I said for cars it was liability for permissive users only, and that I could see reasons for expanding that rule in the case of guns.  I would agree that you'd be off the hook after a properly registered sale to a lawful buyer.  If the gun is stolen well it was your responsibility to make sure it wasn't stolen.  That's one of the risks you impose on society when you choose to buy a gun.

        •  Sorry, can't get on board with that. (0+ / 0-)

          I do not agree that if something is stolen from you, when meeting a minimum standard of protection against it, that you should be held liable for any misuse that arises from it after it's stolen...and i seriously doubt that any court would find that a reasonable requirement.  

          I see what you did there.

          by GoGoGoEverton on Mon Jan 21, 2013 at 02:33:01 PM PST

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          •  Constitutional (0+ / 0-)

            The court just gets to decide if the requirement is Constitutional, reasonable is for the Legislature to decide.

            If the middle ground is no liability if a gun is stolen out of a properly locked gun safe I could live with that, provided the theft is promptly reported.

    •  erm, Tod: one of the ways red-light tickets (0+ / 0-)

      are defeated is that if the camera only gets the license plate and the ticket is sent to the registered owner, that's not the same thing as catching the driver in the act of breaking the law.

      LBJ, Lady Bird, Anne Richards, Barbara Jordan, Sully Sullenberger, Ike, Drew Brees, Molly Ivins --Texas is no Bush league! -7.50,-5.59

      by BlackSheep1 on Mon Jan 21, 2013 at 01:51:56 PM PST

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      •  Apples and Oranges (0+ / 0-)

        The statute I was talking about is for civil liability for traffic accidents, not criminal liability for running red lights.

        •  not apples & oranges if you (0+ / 0-)

          are the owner but not the driver when the infraction occurs.

          LBJ, Lady Bird, Anne Richards, Barbara Jordan, Sully Sullenberger, Ike, Drew Brees, Molly Ivins --Texas is no Bush league! -7.50,-5.59

          by BlackSheep1 on Mon Jan 21, 2013 at 06:25:40 PM PST

          [ Parent ]

          •  Well (1+ / 0-)
            Recommended by:
            splashy

            If you are the owner when someone else runs a red light and causes an accident you are civilly liable for the accident up to the limit of the statute but you don't have to pay the fine for running the red light. That's how it works.

            •  ah, but in these cases there's no wreck (0+ / 0-)

              just a camera, that takes a photo of a redlight-violating vehicle.

              One of the results of an incident like this (but more to the point, there were tons of contested tickets and the company that put the cameras in stiffed the city of the promised revenue increase) ended the use of red-light cameras in our city.

              LBJ, Lady Bird, Anne Richards, Barbara Jordan, Sully Sullenberger, Ike, Drew Brees, Molly Ivins --Texas is no Bush league! -7.50,-5.59

              by BlackSheep1 on Mon Jan 21, 2013 at 10:33:59 PM PST

              [ Parent ]

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