On 12/28/2012 6:47 AM, Han wrote:
"Mike Marlow" wrote in
:

[snip]

But - you would have the person who sold the guns in the recent
tragedies, held responsible.

Mike, yes, I would. Selling these types of weapons comes with the
responsibility to know who you are selling them too. Or are you going to
give drug pushers a pass, because it is really the users who are the
criminals?

Han,

Several issues with your insurance idea immediately come to mind.

First, as others have pointed out, the criminal element is NOT going
purchase insurance. They are not obeying the law regarding guns, so now
we'll have them buy insurance? C'mon. We make (in most states) car
drivers purchase vehicle registrations, insurance, driver's licenses.
We still have some of the same people committing criminal acts: DUI,
Vehicular Homicide...

Second, it is against public policy (and therefore illegal) for an
insurer to indemnify a criminal act. Read through the fine print on ANY
insurance policy you may have. I happen to carry a $1,000,000
comprehensive general liability policy which specifically covers
firearms. I hope to hell that I NEVER have to have them defend me on a
claim where my defense is self defense. That is about all the coverage
they will afford me under the policy. If I pull the trigger and I'm in
the wrong or charged as being "wrong" I will find myself on my own. So,
even if we could make them buy insurance, it would be for nothing.

Third, by "Criminal Types" I presume you mean somebody who can be
identified as such, not just some speculative assumption that "hey!
That guy MIGHT commit a crime someday if he thinks he can get away with
it." News flash! Criminal Types (such as convicted felons) are already
barred, for life, from owning or possessing firearms, so even if the
insurance was required and WOULD cover a criminal act, they couldn't buy
it in the first place. Don't believe it? Go on-line to ANY of the
insurance companies and ask for a quote on auto insurance. Be sure and
tell them that your driver's license has been revoked and ask them what
kind of policy they will issue to you.

As for holding the gun seller responsible...

They MUST run a background check through law enforcement before selling
the gun. If law enforcement cannot prevent the sale because they have
no clue as to what the person MIGHT do in the future, how can you
possibly hold the seller responsible if he's complied with the law in
that respect? If he sells one under the counter, to a known criminal or
gang banger, sure. Sue is a** off. Arrest him. All this is
permissible under the current status of the law.

Otherwise, if you want to make them responsible for merely making a
legal sale when something jumps the tracks two or five years down the
road with the purchaser, let's go after the car dealerships, etc. as
well. They had just as much knowledge about what the drive MIGHT do in
two or five years as the gun seller did.