General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIf your gun is used in a crime, you should be charged with a felony.
It's time to get tough on crime.
This means if you own the gun, you are responsible for the gun.
If you lose the gun or it is stolen:
$1000 = first offense.
$5000 = second offense, lose right to own any firearm. Forever.
If lost/stolen gun is used in crime and not previously reported lost/stolen - you go to jail.
US boy, 11, kills girl, eight, over puppy
Chicago (AFP) - A simple childish spat over a puppy led an 11-year-old boy to shoot and kill his eight-year-old neighbor in the US state of Tennessee, the girl's grieving mother said.
Latasha Dyer said her daughter was playing outside when the boy asked to see her puppy. Little McKayla said "no," and shortly after was shot in the chest.
"When we first moved to White Pine, the little boy was bullying McKayla," Latasha Dyer told WATE 6 news in a video posted on the station's website Sunday.
"He was making fun of her, calling her names, just being mean to her. I had to go the principal about him and he quit for a while and then all of a sudden yesterday he shot her."
http://news.yahoo.com/us-boy-11-kills-girl-eight-over-puppy-211349093.html
-none
(1,884 posts)Felons in prison can't purchase guns. Sounds good to me.
JimDandy
(7,318 posts)that can cause deaths like cars. I'm a gun control advocate and I don't think that would be fair. But if a state has something like a gun safe law and a kid gets his parents unlocked gun and injures or kills someone, then there should be repercussions for the parent's lack of, literally, gun control.
MurrayDelph
(5,301 posts)you have to re-register it, otherwise you'll be be charged for the parking tickets (at least until you can prove who you sold it to).
If you leave the keys in the car that gets stolen, you can be held partially liable for damages.
whereisjustice
(2,941 posts)and quickly as possible.
Cars are not designed to kill. People do not buy cars to kill. Murder by car is not a problem in the US.
Cars must meed strict safety requirements. They require registration and there are criminal penalties for misuse of a car.
If anything, the argument is opposite. We require strict regulations for other dangerous products, it's not fair that guns are excluded.
GGJohn
(9,951 posts)hollow steel tube, how they're uses is up to the human using it.
Are these guns designed to kill:
Are these designed to kill:
Or is this handgun designed to kill:
To address your other points.
True, cars aren't designed to kill, but they sure are doing a bang up job of killing thousands of humans every year.
Firearms also must meet strict safety standards, while not all states require registration, there are strict penalties for the criminal use of a firearm.
Firearms aren't exempt from strict regulations, quite the opposite, there are strict regulations and laws for the criminal use of firearms.
bettyellen
(47,209 posts)it's like arguing cars are for racing. Not really.
GGJohn
(9,951 posts)I proved him wrong.
A firearm is designed to propel a projectile down a hollow steel tube, how it's used is up to the person holding it.
bettyellen
(47,209 posts)You understand you can't go back and rewrite history, no?
GGJohn
(9,951 posts)How a firearm is used is up to the person holding it.
whereisjustice
(2,941 posts)that it isn't happening fast enough, go out and kill people for sport.
GGJohn
(9,951 posts)Can you provide a cite to this law?
whereisjustice
(2,941 posts)we need a law where the owner of a gun that is used in the crime would be charged with a felony.
That is the OP. That is the context of discussion. It isn't your fancy guns. It isn't about how the NRA would be inconvenienced and cry and cry over the hardship. The weak NRA. They won't even agree to keep their guns out of the hands of criminals.
GGJohn
(9,951 posts)Seen it many times here.
BTW, I graduated top of my class, joined the Army, went to flight school, graduated top of my class, 2 combat tours in Vietnam flying slicks and snakes.
OCS after Vietnam, college courses during my more than 40 years in the Army, commanded a squadron of Apaches during Desert Shield/Desert Storm, I am well educated, well traveled, speak 4 languages fluently and can get along in 3 others.
So your petty insults mean nothing to me, I have a thick skin.
What you propose would never pass constitutional muster, but if you want to believe it would, that's your perogative, just don't think that the rest of the American public would believe as you do.
BlueJazz
(25,348 posts)..mess to write such a law.
"I carried my gun to the firing range...I remember tripping on the curb when I left my car and I suppose that's when the gun slipped out of the holster"
Officer: "No excuse, you're going to jail anyway"
"Somebody broke into our house, found the lockbox on the top shelf of our closet that had our pistol in it."
Officer: Yeah, while that pistol was used in a crime. You're charged with...etc"
My point being, you'd have to make 749 exceptions if you wrote such a law. It-just-ain't-going-to-fly.
Major Nikon
(36,827 posts)On Wed Oct 7, 2015, 10:42 AM an alert was sent on the following post:
Look, if you didn't drop out of school to study guns, you'd understand that
http://www.democraticunderground.com/?com=view_post&forum=1002&pid=7238774
REASON FOR ALERT
This post is disruptive, hurtful, rude, insensitive, over-the-top, or otherwise inappropriate.
ALERTER'S COMMENTS
This whole post is a personal attack. "If you didn't drop out of school..."
This makes DU suck more.
You served on a randomly-selected Jury of DU members which reviewed this post. The review was completed at Wed Oct 7, 2015, 10:48 AM, and the Jury voted 2-5 to LEAVE IT.
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Explanation: Stop with the insults. If you can't argue a point without being a dick don't bother posting.
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bettyellen
(47,209 posts)GGJohn
(9,951 posts)I never said that, I said, and it's true, how the firearm is used is determined by the user of said firearm.
bettyellen
(47,209 posts)GGJohn
(9,951 posts)The function of a firearm is to propel a projectile down a steel hollow tube under pressure, HOW it's used is up to the user.
bettyellen
(47,209 posts)GGJohn
(9,951 posts)but it is funny to watch you try to deny it.
Chan790
(20,176 posts)where one cannot foresee the actualization of the designed intent.
This is a fork. I may use it to scratch my ass but that is not its intended purpose. Nor is it intended to be used to stir paint. Nor is it meant to be used to stab people in the arm. It does all those jobs reasonably-well...but the intent of the designer as to its use is not some vague concept to either user or designer...it's meant for eating food with. It's function is not, in the strictest sense, to stab or to rake/scratch or to mix a vague anything.
Just the same, the purpose of a firearm...whatever other utility one may implement it towards...does not negate the intent of the design in the general sense, which is as a weapon to kill or injure.
GGJohn
(9,951 posts)a firearm is designed to propel a projectile down a steel hollow tube under pressure, how it's used is determined by the user of the firearm.
Not all firearms are made for killing, I've posted pics proving that.
Chan790
(20,176 posts)It only matters what the intent of the designer of firearms (not this firearm, or a specific firearm), as an overarching concept, invented them for.
It wasn't target shooting any more than it was to propel a projectile down a hollow tube under pressure for no explicit intended purpose. Intent of designer is intrinsic to the design and the function of an object, whether that object is a fork or a gun or a sprocket.
In fact, the end-user's intended use is entirely irrelevant to that.
bettyellen
(47,209 posts)Chan790
(20,176 posts)The intent of the design of a firearm in the general and abstract is not to propel a projectile down a hollow steel tube, no matter how many times you assert such...the intent in design of a firearm is as a killing weapon.
Intent matters as much in the designer as the end-user.
GGJohn
(9,951 posts)I posted pictures of firearms that weren't designed for killing, but more to the point, a firearm is designed to propel a projectile down a steel hollow tube under pressure, HOW it's used is determined by the user.
Chan790
(20,176 posts)1.) You need to learn the meaning of the words "in the general sense." Hint: exceptions do not disprove the intended purpose of a type of object in the general sense or the purpose it was designed for in the general sense. The most common intent of both designer and user is the sole intended purpose of an object in the general sense. (I'm sorry you don't grasp this but it's as simple to understand as Platonic forms...something even 2nd graders intuitively understand.)
2.) Repetition does not make fact. this will be as false the thousandth time you say it as it was the first time: "a firearm is designed to propel a projectile down a steel hollow tube under pressure, HOW it's used is determined by the user." Intent of an object is a function of design and cannot be ascribed solely to the end user to negate responsibility of the manufacturer or designer.
GGJohn
(9,951 posts)But thanks for pointing out what I already know.
And, one more time, oh, never mind, I've gotten my point across, we'll just have to agree to disagree.
whereisjustice
(2,941 posts)gets stolen and then used to shoot someone, then you are liable for that death as a felony.
So simple - even the NRA can understand.
GGJohn
(9,951 posts)Firearms are designed to propel a projectile under pressure down a steel hollow tube, how it's used is up to the person holding it.
Really? Cite the law that says that.
whereisjustice
(2,941 posts)NRA spews here? Penny a post? Two pennies for a fancy gun pic?
GGJohn
(9,951 posts)you start with the NRA talking points meme. It's pure comedy gold.
And you still haven't cited that law.
whereisjustice
(2,941 posts)Too bad NRA can't pull the barrel out of its behind to understand the context of the OP.
GGJohn
(9,951 posts)whereisjustice
(2,941 posts)GGJohn
(9,951 posts)Instead of ranting on a chat board, contact the NRA and ask them.
whereisjustice
(2,941 posts)GGJohn
(9,951 posts)Where?
Have proof of your claim?
passiveporcupine
(8,175 posts)to hunt and kill something, or to defend yourself, or to attack and kill some other tribe?
They were not designed for sport. They may now be used for sport by some people, but the original intent of a gun was to kill whatever it was shooting at.
Just like the car mentioned above. Originally designed to get people or things from point a to point b. Now they are used for racing or for demolition derbies or other things, but their original purpose of design was transport. They were never designed to kill people (although tanks have been used that way)...
And if you are as smart as you claim to be, you'd understand this.
GGJohn
(9,951 posts)I said they were designed to propel a projectile under pressure down a steel hollow tube, for what purpose they're used is up to the person using the firearm.
passiveporcupine
(8,175 posts)Hoyt
(54,770 posts)Don't make my laugh. Most gunners need their ARs, hi-cap mags, etc. Very few are into guns like that, unless they fancy themselves as a sniper or something.
ileus
(15,396 posts)at least my SD ones were...
Others were made fun time at the range or competition, and some for hunting.
Yo_Mama
(8,303 posts)Most people with guns use them, if they use them at all, to hunt. Animals to eat, btw. You have no conception how rural people augment their incomes with gardens and hunting.
There is a fundamental lack of justice in your attitudes. I know there are many who hold similar ones, but I think you are all either totally ignorant of reality for tens of millions or just willfully ignorant.
You types, more than any other, have handed Congress over to the GOP.
Every time you push something like this, you are fueling the belief among millions that the liberal leadership would be very happy if they just ate shit and died. That is not an exaggeration.
What they see out of such rhetoric is:
1) Bloomberg will still have his squad of bodyguards with what amounts to machine guns, because this sort of thing does not apply and never has applied to "important people".
2) Criminals will still have guns.
3) The law-abiding person who shoots a deer to feed his family won't.
4) Terrorists will.
In the south, this is also a very emotional issue for many black people, because gun control in the south has its roots in racism.
Lizzie Poppet
(10,164 posts)Throw the book at them. Straw purchases are, recent research shows, one of the largest vectors of firearms into the hands of criminals, just behind street trafficking (and a lot higher than stolen guns). It's a serious problem that contributes enormously to gun violence.
Logical
(22,457 posts)whereisjustice
(2,941 posts)discuss what to do with cars. Until then, we should focus on guns.
Logical
(22,457 posts)whereisjustice
(2,941 posts)If you have a family member who has access to safe -- you are the owner of gun you pay the penalty for not securing it.
That's the responsibility that should go with owning a gun It's not a toy. It's not a car. It's designed to kill in the most efficient and easiest manner possible.
GGJohn
(9,951 posts)You really are delusional if you think any court will go along with that crap.
If your firearms are secured in a safe, and a burglar breaks into your home, breaks into your safe, steals your firearms, you think the home owner should go to jail?
You're blaming the home owner for the actions of the thief?
What makes you think this is justice?
meow2u3
(24,772 posts)Get real. Crime victims have been punished enough with having something stolen from them. And you want to blame the victim for having his/her gun stolen?!
whereisjustice
(2,941 posts)I find it interesting how many people are sure their gun is going to get stolen or lost such that they think they are the victim unlike the 100,000 dead and maimed every year because of too many unregulated guns.
GGJohn
(9,951 posts)Again, please cite the law that says that.
GGJohn
(9,951 posts)Where do you get that number?
According to the FBI's UCR, the number is about 34,000 a year, of which 2/3rds are suicides.
whereisjustice
(2,941 posts)for now we are talking about guns and the NRA maggots who won't pay for or take responsibility for the hobby slaughtering people in USA like a 3rd world war zone.
GGJohn
(9,951 posts)Have a link for that?
Duckhunter935
(16,974 posts)his bull**** number, lol
GGJohn
(9,951 posts)Duckhunter935
(16,974 posts)Nuclear Unicorn
(19,497 posts)Duckhunter935
(16,974 posts)Guns will kill more people then are on the planet today. That's scary.
pipoman
(16,038 posts)Some of the most vile anticonstitutional complete nonsense I've read lately...
I have no problem if they arrest the gun owner that commits suicide with his/her own gun.
Drahthaardogs
(6,843 posts)Are you serious?
texting, eating, putting on makeup. Speeding, weaving, tailgating. Every day is a lesson in fools and their cars.
TipTok
(2,474 posts)... so they come first right?
lancer78
(1,495 posts)You need to divide that by 8
whatthehey
(3,660 posts)DustyJoe
(849 posts)If your car is stolen and used in a crime and the resulting car chase kills 3 pedestrians, you should get life with no parole.
Of course the only way police would know who owned the gun most recently would be for a complete registration trail from mfg to confiscation. Would suck if the original owner had sold/traded the firearm 10 years before and it had changed hands 3 more times.
whereisjustice
(2,941 posts)spewing bullshit NRA talking points that perhaps someone so diminished in intellectual ability that they shouldn't have access to a gun would agree with.
So until such time that NRA can prove that we have a murder by car problem, join me in telling the NRA - FUCK YOU.
And fuck you very much also
pipoman
(16,038 posts)Some in the us would say the basis for justice is our Constitution....without which we would have no justice...
And now I see yoy pulling out the ol' "I can't answer the hard questions about my disjointed and bizarre outrage so I'll just get kicked out of my own thread"....seen it many times before...
whereisjustice
(2,941 posts)and they can't acknowledge their own responsibility for the $200+ billion a year that tax payers have to pay just so the gun nuts can enjoy shooting up the place.
GGJohn
(9,951 posts)proposing blatantly unconstitutional laws and expecting the rest of us to agree with you, and when we don't, you all but accuse us of being members of the NRA.
This is comedy gold.
pipoman
(16,038 posts)Of what they speak...that virtually every single 'we otta' 'reasonable restriction' stated is ridiculous..If you actually believe this silliness may I suggest a constitutional law class at a community college...just the entry level class will do...
GGJohn
(9,951 posts)Pure comedy gold.
pipoman
(16,038 posts)Everyone who gives a shit constantly insists on the impossible and completely disregards the possible ..
whereisjustice
(2,941 posts)if they aren't smart enough to secure their weapons, they shouldn't have them in the first place.
pipoman
(16,038 posts)sarisataka
(18,770 posts)Nearly 2.3 million serious injuries, which the NSC defines as those requiring medical consultation, were sustained during the six-month period, up 30 percent when compared with the first half of 2014. In a similar upward trend, the estimated costs of these crashesincluding medical expenses, wage and productivity losses and property damageincreased 24 percent, to roughly $152 billion.
Over 2.3 million deaths and injuries over a six month period. Cars are designed for safe transportation but still cause exponentially more injuries than weapons.
So why not punish those who allow their car to be stolen?
Duckhunter935
(16,974 posts)just a little while ago it was 80,000 now it is a 100,000
what bulllpuckeys are you being fed, lol
Waldorf
(654 posts)alcibiades_mystery
(36,437 posts)Felony if your gun is used in a crime is extreme unless there is clear negligence. That said, there should certainly be a charge for failure to report a stolen gun. Responsible gun ownership has to mean keeping an inventory and from time to time auditing your stockpile, and reporting missing firearms. If a gun turns up in a crime and you hadn't reported it missing, there should be consequences. We need real title recording and transfer. For those who claim this adds too much bureaucracy, well fuck you.
DustyJoe
(849 posts)As I stated in a thread above, yours is the only workable answer to accomplish what the OP defined.
Owner liability for their personal property causing harm. Hard to prove liability if you cannot prove ownership.
Snobblevitch
(1,958 posts)So, if a 70 year old lady has her gun stolen from her (it was her husband's gun in the bottom dresser drawer where her late husband's underwear was still there) and she did not notice because had stopped fondling her late husband's underwear two years earlier,) should she get 20 years if that gun is used to hold up a liquor store?
A guy in Florida got 20 years for firing a warning shot because his dayghter's boyfriend got violent.
Sometimes these absilute gun laws don't work without some leeqay by the judge or prosecutor.
whereisjustice
(2,941 posts)she should serve time. 20 years? Where did you get that?
I edited from hysteria just in case you aren't an NRA plant. So many NRA types here show up after every slaughter.
Snobblevitch
(1,958 posts)and the gun is in her dresser, she is the owner.
pipoman
(16,038 posts)Are confined to an Internet forum and nowhere near actually having to administer justice.. jfc indeed...
alcibiades_mystery
(36,437 posts)The fact that there is an objection to noting which guns you have from time to time and reporting any missing guns to law enforcement is completely beyond belief.
That's a high bar? Keeping track of your guns?
This is what we're dealing with, people. "Responsible gun owners." Well, where are your guns? "Fucked if I know! Tra la."
What a fucking joke.
whereisjustice
(2,941 posts)a true patriot would have no problem with what I am proposing. Only a traitor or person who is preparing for a war of some sort would object to these reasonable requirements.
Instead, gun owners want to shift the burden of their foolish behavior onto society at large. Now that's the kinid of socialism the NRA wants.
Waldorf
(654 posts)If I ever find one that was stolen I would of course report it to the authorities. But some people posting want a firearm owner to know where it is at all times, so I guess to please them I need to sit and stare at the safe 24 hours a day.
davidpdx
(22,000 posts)In Japan in order to have a firearm I have heard you have to go through quite a bit of paperwork, a background check, mental health screening, have the gun safe, provide a schematic of the house where and where the gun safe is to the police, etc. Just being able to implement the gun safe, background check (for all guns), and mental health screening would be a good start.
-none
(1,884 posts)People with that type of thinking are part of the problem. We need to start making inroads in the the obscene number of shooting deaths in this country. In order to do that we must start doing something to actually gain control of the root problem. 100% of shooting deaths are cause by legally manufactured firearms, guns that some good guy gunner sold to a criminal. No way are all those guns were stolen.
Snobblevitch
(1,958 posts)My point is that there are no absolutes. The lady in my scenario shoild not be prosecuted.
Only 10% to 15% of guns ised in crime are stolen from lawful gun owners.
bettyellen
(47,209 posts)get a lesson and a permit and safeguard the fucking thing. seriously.
Snobblevitch
(1,958 posts)the widow (usually older) does call the local police department and ome of the officers gives her a fair price for the weapon.
belcffub
(595 posts)the husband had an old 38 revolver he bought 40 years ago and put it in the dresser... hasn't touched it in decades and when he passes she leaves his stuff where it is... its found we she also passes and they clean out the house... happens more then you think...
bettyellen
(47,209 posts)That's the whole point. People are careless gun owners, and that should change.
belcffub
(595 posts)where she belongs
bettyellen
(47,209 posts)stop leaving loaded ones around for kids to pick up and kill their siblings with. Wouldn't that be awesome?
Incremental change for a safer society - it's not a difficult concept for most people. Why are you so against it?
belcffub
(595 posts)I'm just pointing out the repercussions of what you're proposing...
bettyellen
(47,209 posts)belcffub
(595 posts)did I say that somewhere.... doesn't seem like something I would say...
-none
(1,884 posts)An excellent reason to track every firearm manufactured in this country from manufacture through each and every owner. If we can do it for vehicles, why not for firearms?
RobertEarl
(13,685 posts)Gun owners should be required to get insurance.
Let the private insurance companies decide who is at the most risk for gun deaths and injuries.
It would not be a violation of the constitution to require gun owners to have insurance. In fact, it would just be a good capitalist move to make it happen.
A gun owner without insurance would have their guns confiscated until they can get proper insurance.
Discuss.
gratuitous
(82,849 posts)I suggest a 24 hour window for reporting a stolen weapon. If the weapon isn't reported as stolen and is used by someone else in the commission of a crime, the registered owner is on the hook as an accessory to the crime. This would encourage gun owners to be responsible in keeping track of their weapons, maybe even leading to fewer guns "inadvertently" packed in luggage when the owner goes to the airport.
Put little "well-regulated" into that citizen militia. Maybe a couple weeks' worth of annual training per firearm at the owner's expense, just to be sure their weapons are maintained in good working order.
RobertEarl
(13,685 posts)Only outlaws would not have insurance, therefore any gun owner without insurance could have their guns confiscated.
Then, like we have cars insured, the law can lawfully make sure the guns are removed from society. Save a lot of innocent lives that way.
davidpdx
(22,000 posts)that would be good.
Waldorf
(654 posts)are not liable if you use a firearm in an illegal act.
And this part: "Let the private insurance companies decide who is at the most risk for gun deaths and injuries."
If you look at the statistics, most gun homicides happen in major cities in poorer sections of the city. Since I'm sure the private insurance companies would charge more would this set up some type of discrimination lawsuit because of where they live?
RobertEarl
(13,685 posts)Only outlaws would not have insurance.
And those that have insured guns would then be traceable.
No gun could be sold without an insurance certificate. The recent shooters would have been quite vetted and would have garnered the attention of the law and probably saved many lives.
None of your arguments make any sense in the big picture.
Lizzie Poppet
(10,164 posts)Great idea ya got there...
ileus
(15,396 posts)Ichigo Kurosaki
(167 posts)whereisjustice
(2,941 posts)branford
(4,462 posts)I'll just repost my earlier comment on the subject,
Simply, mandatory insurance is a feel-good measure, little more than solution looking for a problem, and would not in any way cause some rift between insurance companies and any part of the gun rights lobby.
First, you cannot insure against your own intentional criminal acts. Insurance also wouldn't cover the effects of violence unconnected to the owner's firearms. Personal liability insurance is not a some general crime victim recovery fund funded by legal gun owners (which would have its own myriad of constitutional problems). For instance, even if the recent shooter of the reporters in Virginia has liability insurance, the victims' families would not collect a dime from the policy.
Second, since the incidence of firearm negligence among lawful gun owners is minuscule, despite the occasional graphic news story (recall that the USA has about 100+ million legal gun owners and over 300+ million firearms), the cost for such policies would be (and are) negligible. If the government attempted to artificially raise the costs of such insurance above what actuarial standards required, it would become a tax or penalty on gun ownership, and no longer "insurance" (again, with significant constitutional problems).
Third, most homeowners and renters policies already cover accidents involving firearms.
Fourth, if the intent and design of the policy is to discourage the exercise of a constitutional right by simply making it more burdensome or expensive, it would almost certainly be unconstitutional in the same manner the courts struck-down poll taxes and literacy tests for voting.
Fifth, the vast majority of crime involving guns does not involve legal firearm owners or guns, and therefore this policy would have little to no effect on crime rates as such firearms would still not be insured even if mandatory. "Mass shootings" are also an extremely small percentage of gun crime.
Sixth, firearm accident insurance and policy riders are already very cheap and readily available, and the NRA is one of its largest proponents. If specific firearm insurance became mandatory, it would be a huge financial windfall for the NRA not only as a provider and vendor (similar to how AARP is a vendor for health and life insurance), but also as an endorser as they are the largest firearms safety organization in the country. T
Seventh, there is no data to suggest that the country actually has a problem with uncompensated losses resulting from accidents involving legal firearms. What problem does the mandatory insurance proposal actually address?
Eighth, the lack of liability insurance does not prevent accident victims from suing someone for their negligence or criminal acts.
RobertEarl
(13,685 posts)Then we would take away their guns.
No one could buy a gun without our great capitalist system vetting them to make sure they can safely own a gun.
Government would not be involved, beside the fact of requiring insurance of a proper amount of say 10 million dollars for each death. Is a child worth 10 million, or not?
So all your arguments are just blather, off topic, and in-congruent. Try again later.
jonno99
(2,620 posts)Why? Because it sounds like you want to make constitutionally protected personal protection prohibitively expensive for those who are poor.
Or, perhaps you're in favor of subsidizing gun insurance for the poor? If so, great!
RobertEarl
(13,685 posts)What... are you thinking insurance companies would rip people off? Or are you saying that guns are so dangerous that insuring one would cost more than a gun is worth?
Besides, the only way government would be involved with this is to pass the law that guns be insured, and that outlaw guns could be confiscated. The 'poll tax' idea is farcical.
As for personal protection ... don't leave your house. Sit there with all your guns, just like you can't legally drive your car on the streets w/o insurance.
That way we'll all be safe and protected.
branford
(4,462 posts)includes insurance coverage and underwriting issues. I've also worked at the National Institute of Justice researching firearm-related matters (among other issues).
Would you care to actually discuss my concerns about the legality, practicality and politics of mandatory firearm insurance, or at least offer your qualifications to suggest my comments are "blather, off topic, and in-congruent."
Your desire for, or belief in, a particular gun control policy does not override the constitution, the nature of insurance in most of the world, actuarial data, or the obvious political impediments and ancillary effects.
Did you ever wonder why the mandatory insurance idea is popular among activists, but still has never been seriously considered in even strong gun control jurisdictions, including before SCOTUS decided Heller and McDonald?
RobertEarl
(13,685 posts)The NRA does not give a shit if some ass shoots me in school. Fuck the NRA.
Only outlaw gun owners would not have insurance. And while we're at it fuck the lawyers who don't give a shit how many innocents are killed by guns. The cold-hearted bastards.
branford
(4,462 posts)how could I have missed such an erudite and piercing legal and policy analysis. It's so convincing, you needed to write it twice.
Also, if you actually bothered to read my post about the problems with mandatory insurance, you might have noticed that most legal gun owners already have insurance that covers applicable firearm incidents.
RobertEarl
(13,685 posts)Guns can already be covered by insurance, so there is precedent. Now we pass a law taking it a few steps further and within a few years only bad gunners will not have insurance.
And like cars, all kinds of other traceable items can be placed on guns and then LEO's can begin identifying the most likely stupid and outlaw gunners and we can keep them, maybe, from inflicting mass killings. Isn't that what we all want?
The NRA does not care about mass killings. If they did they'd offer up more than their idea of: "more guns means less killings". Fuck the NRA.
And thanks you for giving me another chance to say: Fuck the NRA.
branford
(4,462 posts)Firearm insurance will not cover intentional criminal acts. Moreover, the mandatory "insurance" you purportedly desire is not actually "insurance," but rather a blatantly unconstitutional tax or penalty on the exercise of a right. The insurance most lawful gun owners possess covers only accidents, and has made not difference in crime or accident rates. Read my earlier post again.
The rest of your suggestion about "traceable items" is similarly impossible due to technological, legal, practical and electoral restraints.
Lastly, complaining about the NRA does not magically remove all these impediments or create popular support for your ideas.
RobertEarl
(13,685 posts)We can keep them, maybe, from inflicting mass killings. Isn't that what we all want?
branford
(4,462 posts)forcing legal gun owners to purchase insurance (which is cheap and still wouldn't apply to intentional criminal acts) would have absolutely no impact at all on mass killings (or overall firearm crime or accidents).
Could you cite and studies or data other than some editorial opinions demonstrating mandatory insurance would lower the rate of mass killings (or anything else).
The reason why the mandatory "insurance" idea appeals to so many gun control advocates is that they believe it would make firearm ownership more burdensome and expensive, and therefore there would be fewer guns. However, apart from not really understanding how insurance works or how much it would cost, their very intentions are one of the primary reasons why such a policy would be unconstitutional (it also really isn't "insurance).
Nevertheless, I would be more than happy to discuss potential policies that are constitutional, designed to achieve realistic and legal goals, have evidence to demonstrate that such goals would actually be achieved, and that the method would not penalize tens of millions of firearm owners that pose no statistical threat to anyone.
Straw Man
(6,625 posts)I don't know if you're aware of it, but there is case law to the effect that requiring felons to register guns violates their Fifth Amendment protection against self-incrimination. Registering it would require them to confess to the crime of possessing it; a felon can be charged with unlawful possession of a weapon, but not with failure to register that weapon. A mandatory insurance law would similarly only cover people whose possession of the firearm was otherwise perfectly legal -- i.e. law-abiding citizens whose only crime was a failure to insure their guns. Hard to see how that is going to make society much safer.
That said, let's enter into this in a spirit of compromise. OK, I'll gladly trade mandatory gun insurance for fifty-state concealed-carry reciprocity. Let's not do a federal CCW permit, but instead pass a federal law requiring all states to recognize each other's CCWs. Isn't something similar already the case with driver's licenses?
Any takers?
branford
(4,462 posts)for concealed carry reciprocity.
As for mandatory insurance, once most of the gun control advocates realize the only type of "insurance" that could possibly pass constitutional muster would be cheap, useless, and that most lawful gun owners were already covered, I imagine they would realize it's not worth anything in any deal.
I think a more appropriate and reasonable compromise would be reasonable national training and safety standards and UBC's for national concealed carry reciprocity with mandatory "shall issue" permitting and full federal preemption. At least the elements of such a comprise would relate to one another, federal standards for multi-state recognition.
The insurance idea makes no sense to me. Aside from likely being unconstitutional, it won't have any impact on the rate of gun crimes. As the proponents of insurance admit, criminals won't have it, and they'll still use it to commit crimes. With respect to those who commit mass killings, I'm pretty confident that they lack of insurance or the fact that they must have insurance isn't going to prevent them from shooting someone. And in any event, no insurance company is going to insure against a criminal act.
whereisjustice
(2,941 posts)I like the idea of insurance. A lot and have thought about it. However, there needs to be criminal penalty as well, just as there is in case of negligent homicide.
I believe there is a solution that could involve insurance and enforcement.
People who leave their guns lying around and accessible for criminal use, should be held criminally responsible when things go bad.
RobertEarl
(13,685 posts)However, in order to buy bullets you would have to have insurance, and so, if Jo-blo bought 5,000 bullets, the law would know.
The insurance companies would vet each owner who bought insurance and then there would be a trace on every gun and every bullet. And the insurance companies could begin a mental health data base that would allow the LEO's know who was the most liable to flip out and go on a shooting rampage.
whereisjustice
(2,941 posts)responsibility. And then the kid takes the gun to school and shoots someone.
There has to be a burden of responsibility - both before and after the fact.
Without criminal liability, it's like saying Wall Street buying insurance protects against fraud.
Knowing you could pay a massive fine or go to jail is a powerful incentive.
That is the scenario I see missing with an insurance only requirement.
RobertEarl
(13,685 posts)I doubt an insurance company would have insured any of the shooters' mothers. And if they did they'd go broke.
That's how guns get taken from the hands of the wrong people, which is all we really want.
I own a car. When I owned two, my insurance costs increased. Multiple gun owners would be considered an increased risk and then the law would know they owned X numbers of guns and how many bullets they bought. Red flags, those. Along with the multitude of other flags, we just might save many innocents lives just by having knowledge.
And all without violating the 2A.
GGJohn
(9,951 posts)you sure want to attach a criminal penalty to just about every thing associated with firearms.
NickB79
(19,258 posts)It adds an extra $30/yr to my policy to insure 3 hunting rifles and a shotgun (around $2500 in value).
My homeowner's insurance would cover an accidental shooting that happened on my property, just the same as if a contractor fell off my roof during a project, or a tree fell on my neighbor's car.
If I shot someone in self-defense on my property, I'm not liable if the police rule that a justifiable shooting. And my response to a threat would be to grab my kid, my wife, my phone, THEN my gun, and lock ourselves in a room until police arrive, so there's that.
And since insurance companies by law can't be held liable for intentional criminal acts, they'd never pay out if I murdered someone with my guns, any more than they'd pay out if I set my neighbor's house on fire.
I'm not sure, honestly, what would happen in a hunting accident if either I shot someone, or someone shot me, but I'm assuming insurance would still kick in to a degree. But since hunting accidents are so rare (~500 per year, out of tens of millions of hunters in the woods), and I always wear blaze orange head-to-toe, I'm not overly concerned there.
What exactly do you want added to current firearms insurance policies then?
branford
(4,462 posts)I imagine that a hunting accident would be covered, assuming of course that the hunt and weapon were legal and it was indeed an accident.
mucifer
(23,565 posts)Because the people who can afford $5000 shouldn't suffer as much as those who can't.
Waldorf
(654 posts)Somebody on vacation for a week or so, or out on a business trip. Comes home and finds safe broken into, they should be responsible? If that is possible can the same thing be done to my stolen car?
I have a fridge in the garage that I keep beer in. Kids break into my garage, am I responsible for anything that happens while they are drunk?
Orrex
(63,224 posts)There is simply no excuse for him not to know. He should be aware, within 24 hours, when they are stolen. If he doesn't report it to the police immediately upon discovery, then he's an accessory to any crimes committed with his stolen guns.
And if he can't keep track of them, then he shouldn't be allowed to have them.
Waldorf
(654 posts)in awhile?
I own firearms and they are stored in a big gun safe. I may not go in that room for several days and maybe not open that safe again for a couple months until I go to the range again. So if I'm at work or out of town I might not notice something was stolen until much later. I report it to police. Am I still an accessory to a crime?
Orrex
(63,224 posts)My tv and my crock pot and, for that matter, my car aren't singled out by a Constitutional amendment, so it's reasonable to conclude that someone, somewhere determined that firearms are different from other "stuff around the house."
If a child shoots someone with a gun, the comment is immediately (and appropriately) made that "the parents must be held responsible" for carelessly allowing the child access to the gun. The clear inference is that the gun owner must be responsible for his or her guns at all times.
I suppose an exception might be considered if you lend your gun to a friend who uses it for hunting or target shooting; in that case, you "know" where the gun is to the extent that you let your friend borrow it, so the friend bears responsibility. Honestly I'm not sure how the law currently handles guns lent in good faith that are then used in crimes, but perhaps this should be revisited as well.
In short, the right to keep and bear arms necessarily carries the great responsibility to maintain control of those arms at all times.
petronius
(26,603 posts)apply for every loss/theft--payable on report--and then the felony kicks in when the gun is used in a crime? Or does a timely report of the loss/theft take away the fine and felony exposure? If the former, what's the motivation to report the loss or theft: is there an additional fine or felony if an unreported theft is later discovered?
whereisjustice
(2,941 posts)the harsh penalty of jail is necessary for those who would ignore reporting the loss, only to have the weapon show up later.
There needs to be incentives for compliance of sensible gun handling.
I'm just outlining the concept, which I believe is sound. From there you work on the details, guard against loopholes.
For example, no exemption if lost gun is purchased at your flea market gun show.
pipoman
(16,038 posts)Are ridiculous nonsense don't you?
petronius
(26,603 posts)$1000 = first offense.
$5000 = second offense, lose right to own any firearm. Forever.
If lost/stolen gun is used in crime and not previously reported lost/stolen - you go to jail.
Does that apply to every loss/theft, no matter how/when the owner reacts or what might occur later? Or do you not get the fine when you report the theft?
If you do report the theft, do you still go to jail when the gun is criminally used?
whereisjustice
(2,941 posts)you are not allowed to own another gun until is reported.
You pay fine for every first and second occurance of loss. If you have 10 handguns, their can be 20 total losses before you loss right to own gun.
Total cost to you 10 x $1000 + 10 x $5000 = $60,000.
No jail if you report the theft.
If you don't report the theft, and the gun is used to shoot the neighbor's kid, you go to jail. Period.
If you can't afford the fine, then there could be community service - perhaps digging graves, mowing grass at the community cemetery.
jonno99
(2,620 posts)become a reality.
Good luck with that...
whereisjustice
(2,941 posts)own a gun, if your gun is used in a crime, you become a felon.
Gun owners really show how unreasonable they are when they won't even agree to keep their weapons secure.
I'd think NRA types would love to show the world that they want to filter out the bad guys.
On the other hand, maybe they really are all bad guys.
jonno99
(2,620 posts)charged as an accessory, but then you'd still have to prove willful negligence - or more likely you'd have to prove intent.
The bottom line is that you're making a lot of effort to go after the folks who are NOT engaging in criminal activity. Do you think the answer to burden the legal system with even MORE & MORE non-violent "criminals"?
imo - the better answer is zero tolerance for those who commit violence WITH a weapon...
world wide wally
(21,754 posts)If a gun is reported stolen and found in possession of the owner, there should be an equally serious penalty.
Like that is so unreasonable?
whereisjustice
(2,941 posts)if that is the case, why are they allowed to own a gun in the first place?
Seriously, if you can't hold on to your weapon, you pay the price.
Why should I have to pay the costs of cleaning up your mess?
Police, rescue, hospitals, morgue, court system, etc.
If you can't keep it safe, you shouldn't have it.
Period.
pintobean
(18,101 posts)whereisjustice
(2,941 posts)first to volunteer for mental health screening as condition of owning a gun.
pintobean
(18,101 posts)whereisjustice
(2,941 posts)whereisjustice
(2,941 posts)1. Do you want to own a gun.
A. No
Pass. Test complete.
Your case it is more complicated. The odds may not be in your favor.
pintobean
(18,101 posts)I'm not surprised you tried to dodge.
whereisjustice
(2,941 posts)the sane ones and everyone else is crazy by stepping up and submitting to mental health checks.
Seems reasonable since NRA claims we need better mental health screening.
Lead by example.
So, NRA needs to put up or shut up.
pintobean
(18,101 posts)entertaining
whereisjustice
(2,941 posts)GGJohn
(9,951 posts)pintobean
(18,101 posts)tells me all I need to know.
whereisjustice
(2,941 posts)pintobean
(18,101 posts)I didn't post anything like that.
And, stolen property isn't under the owner's control.
whereisjustice
(2,941 posts)lying on the floor, not the gun owner. You want a gun? Then you must take responsibility for how it is used.
A gun isn't the same a TV set or lawn mower. By not securing it, you've just contributed to the homicide rate.
There's nothing wrong with requiring irresponsible gun owners who cannot keep their gun in their possession to clean up the mess they make when that gun kills a bunch of people.
Gunner owners have had enough time to fix this problem and they refuse.
NickB79
(19,258 posts)You do realize how ridiculous that sounds, right?
There isn't a court in the land, liberal or conservative, that wouldn't laugh that statement right out the front door. In fact, they have, on multiple occasions: http://www.nola.com/crime/index.ssf/2012/11/how_liable_is_the_owner_of_a_s.html
egduj
(805 posts)Response to whereisjustice (Original post)
LostOne4Ever This message was self-deleted by its author.
whereisjustice
(2,941 posts)with the idea that it will teach them responsibility. Then, they go slaughter a bunch of people.
Now - what is possibly just as bad, is carrying a gun to avoid being held up by a gun and having your gun stolen at gun point.
And after you failed to secure your gun, complaining that you have to pay a fine because someone stole your gun that you were carrying to prevent someone from stealing your gun.
I think the fines would double in that case.
Just for the insanity of it.
Yes, double.
As I said, sure are a lot of people who lose a lot of guns. Wonder why they have them, if they can't hold on to them.
Hoyt
(54,770 posts)oneshooter
(8,614 posts)lostnfound
(16,190 posts)That's called "justice".
Interference with gun ownership is "injustice".
On edit: and no adults are responsible for anything here. It's just that "stuff happens".
Hoyt
(54,770 posts)romanic
(2,841 posts)instead of punishing responsible gun owners who own anything but?
oneshooter
(8,614 posts)My 62cal flintlock weighs in at 13lbs. Full autos have been under federal control since 1934.
http://legal-dictionary.thefreedictionary.com/National+Firearms+Act+of+1934
Lizzie Poppet
(10,164 posts)...then AR-15s are off the hook, but my bolt-action Surgeon (in .338 Lapua Magnum) is taboo.
oneshooter
(8,614 posts)Both of those will penetrate a 2x4 at 800 yards.
Lizzie Poppet
(10,164 posts)sarisataka
(18,770 posts)and raise you a .416 Remington Magnum
GGJohn
(9,951 posts)and raise you my Ruger Super Red Hawk Casull .454.
sarisataka
(18,770 posts)I've seen too many people hit themselves in the head trying to control that beast.
First time I fired it, I was leaning into it, 2 handed grip, and the damn thing still straightened me up and damn near broke my wrists.
whereisjustice
(2,941 posts)owners just demonstrates that I am on to something. Who are these people losing their guns all the time? Why should they be allowed to have a gun at all if they are always losing them or getting them stolen or having them used in a crime?
If you can't hold on to your gun, you shouldn't be allowed to own one.
olddots
(10,237 posts)The gun owner now has a choice like a smoker ,do I stop or not ?
Guns & tobacco are the "father" of this country ( really ? ) can we live with progress ? Maybe not but we can't live without it .
Yo_Mama
(8,303 posts)It's stuff like this that turns a lot of voters into stay-at-homes or GOP voters.
Seriously, advocating that persons who were victimized by a crime should be punished for the criminal's misdeeds is pretty messed up.
I do not have any respect for this type of thinking.
whereisjustice
(2,941 posts)it is guns and the irresponsible gun owners who refuse to take responsibility for their weapons.
Yo_Mama
(8,303 posts)And people certainly do buy vehicles to kill other people. They also can be misused.
Your theory that the only purpose of a gun is to commit crimes is so wildly off the mark that it is astonishing.
whereisjustice
(2,941 posts)killing power. Ammo companies brag about killing power. It's all about the killing.
GGJohn
(9,951 posts)I'd like to see your evidence of that.
Can you provide a link to that study?
NickB79
(19,258 posts)If you were right, we'd all be dead by now.
As it stands, gun murders have actually dropped 50% in the past 25 years.
DustyJoe
(849 posts)The 30 Doves in my freezer from last months Dove season and the 12gauge I purchased 40 yrs or so ago would prove different unless you are one to equate avian life to humans. I on the other hand equate Doves as delicious when wrapped in bacon and grilled in foil.
oneshooter
(8,614 posts)whereisjustice
(2,941 posts)dealing with a nutter who spends too much time with guns.
Should probably be a mental health screening question -
Q. Are guns just like cars?
A. Yes.
Result: Fail.
GGJohn
(9,951 posts)proposes blatantly unconstitutional laws, then vigorously defends them despite being told over and over that it's unconstitutional, then all but accuses others who disagree an NRA member, them I've got to wonder what their goal here is.
When someone continually tries push unconstitutional laws, you know you're dealing with a fanatic, then a mental health screening comes into play.
Q. Are cars like guns in that they can kill someone just as dead?
A. Yes.
Q. Can cars be used as a deadly weapon?
A. Yes.
Results-Pass.
Recursion
(56,582 posts)If someone was killed with your spear, you were liable for the crime, no matter who actually did it.
It's worth thinking about, at least.
Krytan11c
(271 posts)So you want people to voluntarily pay a 1000 fine if there firearms are stolen? What if they can't afford that? Do you throw them in jail?
Scenario: A man returns from vacation and discovers his gun safe has been stolen. He is a responsible owner and know that there were six firearms in the safe. He calls the police immediately. The police say he now has to pay a $6000 dollar fine for a crime someone commuted against him. What if he can't afford that?
Seriously, what happens in your fantasy in that scenario?
NickB79
(19,258 posts)LeCesne called it a big stretch. "It might set a bad precedent if every car owner who has their car stolen (because they absently-mindedly left the keys in the car) is potentially, civilly liable if the thief happens to injure someone," he said. "It would make insurance rates go through the roof. I can't imagine that happening."
But the case of the gun stolen from an unlocked car is a tad more nuanced. LeCesne said it's theoretically possible for someone to be held liable. But it depends on what is done with the weapon after it's stolen.
If the gun is used to intentionally commit a crime, to kill or injure someone, the court will not impose civil liability on the gun owner for the acts of a third person. Again, under the proximate cause doctrine, the actions of the thief would supersede the negligence of the gun owner, cutting off his liability, LeCesne said.
They go on to say that the only thing a gun owner can be held criminally liable for is if their gun is stolen and a child accidentally shoots themselves or others with it. And as a father and gun owner, I'm 100% OK with charging such gun owners in that situation.
mmonk
(52,589 posts)you should be charged with a felony and/or fines.
Response to mmonk (Reply #171)
Bonx This message was self-deleted by its author.
Response to whereisjustice (Original post)
aikoaiko This message was self-deleted by its author.
mythology
(9,527 posts)But this isn't viable. I would be fine with saying that if a gun is either left unsecured, or is stolen but not reported as such, holding the owner responsible.
I think guns should be licensed individually, nobody needs a high capacity magazine, gun owners should be required to take regular tests (both gun and driver's licenses should be much harder to get). I think gun shops and manufacturers should be held legally responsible for not enacting better safety mechanisms or requiring individually identifying rifling on each gun or have a history of straw purchases. But there's no legal justification for saying that if something properly secured is stolen, that the original owner is legally at fault for the illegal use.
TipTok
(2,474 posts)Robber breaks into a home and steals a firearm.
Homeowner is then shot with that firearm and you would prosecute them?
What the hell is wrong with you?