Despite the popular belief that gun liability coverage is unaffordable, the industry has managed to develop policies offering policyholders substantial protection for as little as $39/year. This is in addition to the protections afforded by other insurance coverage (automobile, homeowners, etc.), ensuring that even the most responsible individuals can find a comprehensive firearms program within their budgets.

As such, if the affordable firearm liability coverage are set in an actuarially fair way, a mandated insurance requirement that includes coverage for accidental shootings would be constitutional. Such a regulation also might have the beneficial side effect of inducing more careful use and storage of firearms by those who would otherwise neglect these matters, much like the insurance requirements for automobile and workers’ compensation that have long been endorsed by courts as constitutional.

Unfortunately, such a regulation would not cover criminal or other intentional shootings. This is because most standard homeowners and renters policies do not extend coverage for injuries to guests, contract workers or other people who may be on the premises of the insured. Moreover, most insurers do not offer stand-alone firearms liability coverage.

This is a significant omission. For these reasons, a firearms liability mandate is unlikely to be upheld in court. Nonetheless, we believe that the marketplace is working to solve this problem by offering a variety of affordable policies that provide coverage for legal defense costs, bail money, premiums on bonds, attorney consultation fees and retainer expenses and all other related costs in a legal proceeding for negligence involving firearms.