Working Paper No. 13-26:
Mandatory Liability Insurance for Firearm Owners: Design Choices and Second Amendment Limits

Author(s):

Stephen Gilles, Nelson Lund

Date Posted: April 2013

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Abstract:

In response to the massacre at Sandy Hook Elementary School, some legislatures are considering proposals to require all gun owners to purchase liability insurance. Although this idea is not without merit, a mandatory insurance regime could easily be designed (either deliberately or inadvertently) in a way that would unnecessarily compromise the Second Amendment rights of individuals. This article provides an analysis that could contribute to designing mandatory liability insurance laws that deserve to be upheld by the courts charged with protecting the constitutional rights of American citizens.