Could liability insurance prevent gun violence in California?

From: POLITICO California Playbook - Friday Jun 17,2022 01:18 pm
Presented by California Environmental Voters: Jeremy B. White and Lara Korte’s must-read briefing on politics and government in the Golden State
Jun 17, 2022 View in browser
 
POLITICO California Playbook

By Lara Korte, Jeremy B. White and Sakura Cannestra

Presented by California Environmental Voters

THE BUZZ: California already requires gun owners to have a safety certificate, background check, and go through a waiting period before they can take their firearm into their homes. Now, they may also be required to show proof of insurance.

California could be the first state in the nation to require gun owners to purchase liability insurance under a new bill by Sen. Nancy Skinner (D-Berkeley) that dropped on Thursday. The insurance policies would cover accidental or negligent use of firearms — not acts that are intentional or malicious — and would work much in the same way as car insurance.

The idea, Skinner said, is to make gun owners shoulder their “fair share” of responsibility when it comes to injuries and damage from firearms. And some advocates say tying insurance premiums to responsible gun ownership could prevent reckless behavior altogether.

“Guns now kill more people than cars,” Skinner told Playbook. “And yet, we require every car owner to have insurance to cover any costs of damage their vehicle causes to a person or property, but we don't require that of gun owners. Why?”

Firearm insurance isn’t a novel idea — Assemblymember Phil Ting (D-San Francisco) had a similar proposal in 2013 that failed. In January, San Jose passed a city law requiring insurance, and the state of New York is also considering such a law.

Skinner’s Senate Bill 505 joins a slate of gun violence bills up in the Legislature this year. The Golden State has some of the most robust restrictions in the nation, but this year, the focus has largely been on accountability after the fact. Senate Bill 1327, introduced in February, would create the private right of action against gun owners and makers. You might remember it as the one inspired by Texas’ abortion ban.

As with any limit on constitutional rights, we’re expecting this Skinner bill to get some pushback from Second Amendment groups, who are protesting this kind of policy elsewhere. When the City of San Jose enacted their own gun insurance rule in January, they were swiftly sued by the National Association for Gun Rights. In the lawsuit, which is being led by Republican National Committeewoman Harmeet Dhillon, the association argues that requiring insurance makes gun ownership “cost prohibitive” for at least some residents, and therefore infringes upon the right to bear arms.

Constitutional issues aside, there’s still the question of whether this will change anything. After the back-to-back-to-back shootings this spring in Buffalo, Laguna Hills and Uvalde, lawmakers are, understandably, looking for ways to make a difference. But requiring insurance could have varied results.

Most people have some property and liability coverage for firearms in their standard homeowners’ policy anyway, according to the Insurance Information Institute. Insurers rarely have separate personal liability coverage, and when there are policies, they usually only cover accidental shootings and in some cases, acts of self-defense. Some say those incidents aren’t frequent enough to warrant coverage, and laws requiring insurance for gun owners sound better than they actually are.

The infrequency of unintentional shootings makes the odds of paying out a claim so low that insurance companies “just don’t care,” George Mocsary, a law professor at the University of Wyoming, told the Trace earlier this year after San Jose passed its law. If reckless gun behaviors had a significant financial impact on insurers’ bottom line, they’d already be asking about things like gun storage and trigger locks, but they don’t, Mocsary told the Trace.

But Skinner said even though some insurance policies exist, it doesn’t cover everyone. “If every gun owner doesn’t have liability insurance, then you and I are bearing the cost for any of the damage from that gun,” she said.

If this piece of legislation is anything like the other gun violence bills we’ve seen in the Legislature, you can expect it to receive widespread support from Democratic lawmakers, who are heeding Gov. Gavin Newsom’s call to send him gun violence prevention efforts as fast as they can.

BUENOS DÍAS, good Friday morning. Wishing you a peaceful and joyful Juneteenth weekend! Here’s how people are celebrating in Sacramento, the Bay Area and Los Angeles.

Got a tip or story idea for California Playbook? Hit us up: jwhite@politico.com and lkorte@politico.com or follow us on Twitter @JeremyBWhite and @Lara_Korte

QUOTE OF THE DAY: “And if it’s not too much to ask, we also pray for the Warriors, a team rooted in justice and truth.” Sen. Sydney Kamlager, leading the chamber in prayer on Thursday. It seems like God listened.

TWEET OF THE DAY: Assembly Speaker Anthony Rendon (D-Lakewood) @Rendon63rd calling for an investigation into the high price of gas: “Californians are paying on average nearly 40% more for gas than we did four months ago. We need to know why so we can take action that provides real, long-term relief.”

Rendon is one of 25 members who signed a letter asking the Department of Justice, California Energy Commission and Legislative Analyst’s Office to look into possible price gouging at the pump.

WHERE’S GAVIN? Nothing official announced.

 

A message from California Environmental Voters:

Governor and Legislature: stand with our kids! Your choices in this year’s state budget can save California from a future plagued by deadly drought, wildfires, and heat waves. Invest California’s record budget surplus in climate solutions now. The governor’s $47.1 billion proposal is unprecedented but only 3% of spending over 5 years. We need at least $75 billion invested in a Climate Courage Budget. The choice is yours. Our kids’ future is at stake.

 
Top Talkers

LISTEN UP, EAST COASTERS —”Democrats Need to Understand the Real Message San Francisco Sent,” Gil Duran opines in the New York Times: “There seems to be a growing sense of impatience and exasperation, a general ‘feeling’ that the streets are unsafe, regardless of what statistics say. But the thing is, data and statistics also say that California’s crime rates are at historic lows. That’s why Mr. Boudin’s overthrow probably represented an expression of frustration, not a true referendum on reform.”

CAMPAIGN MODE

IN TRANSIT — “$8.5 billion transit tax likely headed to Sacramento voters. Political support is lining up,” by the Sacramento Bee’s Ryan Lillis: “If approved, the tax would fund dozens of transportation projects in Sacramento County, from freeway interchange improvements to the Capital Southeast Connector expressway proposed to connect Elk Grove, Rancho Cordova and Folsom.”

— “Mayor Breed-backed S.F. affordable housing measure expected to qualify for the ballot, sparking fight with progressives ,” by the San Francisco Chronicle’s J.D. Morris: “Called Affordable Homes Now, the measure seeks to cut several years off the approval timeline for qualifying housing projects that are 100% affordable, are for teachers or are mostly market-rate but have 15% more below-market rate units than the city would otherwise require under affordability mandates.”

— “ Santa Clara sheriff candidate charged with perjury for allegedly lying about her qualifications,” by the San Francisco Chronicle’s Jordan Parker: “Anh Colton of Cupertino certified that she had law enforcement experience as a peace officer, but a district attorney investigator found no truth to the certification, according to the Santa Clara County District Attorney’s Office.”

— “ Fact check: Would Californians have saved $2,400 if the gas tax were suspended in January?” by the Sacramento Bee’s Andrew Sheeler: “California Senate and Assembly Republicans gathered on the steps of the Capitol Wednesday to call out Gov. Gavin Newsom and Democratic lawmakers for what they described as 100 days of inaction on suspending the gas tax.”

 

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CALIFORNIA AND THE CAPITOL CORRIDOR

— “Mayor Breed to close Tenderloin Center,” by the San Francisco Examiner’s Sydney Johnson: “The Tenderloin Center's lease extension expires at the end of 2022, and the city has no plans to renew it. Breed's budget proposal includes funding for the Tenderloin Center only through the end of the year.”

PARENTAL PRESSURES — “Despite pandemic woes, California bill to accommodate working parents fails ,” by the Los Angeles Times’ Mackenzie Mays: “The bill would have created antidiscrimination provisions for caregivers and required bosses to accommodate workers when it comes to unforeseen circumstances like school and daycare closures so long as it did not create ‘an undue burden’ on the workplace.” 

— “ Children’s day camps: Attend at your own risk,” by CalMatters’ Elizabeth Aguilera: “Unlike child care facilities and schools, children’s day camps are not required to conduct employee background checks, be licensed by the state, require CPR certification or report injuries or deaths to the state.”

— “ Bill advances to let California teens get vaccinated without parental consent,” by CalMatters’ Emily Hoeven: “Just five of the eight bills introduced this year by a vaccine working group of Democratic lawmakers are still alive — and state Sen. Scott Wiener of San Francisco’s proposal to allow kids ages 12 to 17 to receive FDA-approved vaccines without a parent’s permission is by far the most contentious.”

ET TU, DON? — “Prolific anti-vaccine doctor temporarily banned on Truth Social, causing panic among Trump fans,” by the SFGATE’s Katie Dowd: “Dr. Sherri Tenpenny is one of the most influential anti-vaccine voices on the internet. The Ohio osteopath was named one of the “disinformation dozen” by the Center for Countering Digital Hate, which found 12 accounts responsible for spreading the majority of COVID-19 vaccine misinformation online.”

— “San Jose council member ‘seriously disturbed’ after police find bomb outside her home ,” by the San Francisco Chronicle’s Jordan Parker: “The bomb was found in the street in front of Davis’ residence Monday morning. It was later removed by the San Jose Police Department’s bomb unit.”


 

A message from California Environmental Voters:

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SILICON VALLEYLAND

THE CHOPPING BLOCK — “Jack Dorsey’s Block, formerly Square, to leave former S.F. HQ in another blow to Mid-Market,” by the San Francisco Chronicle’s Roland Li: “Block eliminated its San Francisco headquarters designation last year and allowed almost all workers to work from home permanently, with the option to come into the office if they want to.” 

OUT OF THIS WORLD — “ In internal Twitter meeting, Elon Musk talks layoffs, remote work, aliens, and why sarcastic tweets should have an 'ironic' label,” by Business Insider’s Kali Hays and Hugh Langley: “During the call, which ran for an hour, Musk addressed taking the company private, answered questions about his personal life, and suggested the company may have layoffs after he buys it, stressing ‘We need to make more than we spend.’ (‘I shouldn't say we. The transaction is not complete,’ he quickly added.)”

 

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CANNABIS COUNTRY

— “Ojai looks to allow new cannabis lounges for on-site consumption,” by the Los Angeles Times’ Felicia Alvarez: “The Ojai City Council this week signaled interest in moving forward with a proposal to allow three cannabis dispensaries in the city to open lounges where customers could smoke, vape or consume edibles.”

MIXTAPE

JAN. 6 HEARINGS CONTINUE — Key Trump lawyer sought presidential pardon after effort to overturn election failed , by POLITICO’s Kyle Cheney and Nicholas Wu. 

WORLD CUP HOSTING — “Bay Area selected as one of the host sites for 2026 World Cup,” by the San Francisco Chronicle’s Lauren Hernández.

— “SoFi Stadium in Inglewood among venues selected to host 2026 World Cup matches,” by the Los Angeles Times’ Kevin Baxter.

TRANSITIONS

GOP policy strategist Ian Foley has joined Invariant. He most recently was legislative director for then-Rep. Devin Nunes (R-Calif.) and is a Ken Calvert alum.

BIRTHDAYS

Rep. Scott Peters … Amazon’s Jessica Boulanger … Nora Taktajian of Rep. Doris Matsui’s office … Samuel Garrett-Pate … 

 

A message from California Environmental Voters:

Governor and Legislature: do you stand with our kids? 

Your choices in this year’s state budget can either save California or doom it to a future plagued by deadly drought, wildfires, and heat waves. Investing California’s record budget surplus in clean energy and transportation, water, and other vital infrastructure now will provide a lifeline.

Climate change will soon bring our home state to a point of no return. We can’t overcome this massive threat to our health, lives, and livelihoods without bold leadership and a massive investment. The governor’s $47.1 billion climate proposal is unprecedented but only 3% of spending over 5 years.

Think bigger and pass a Climate Courage Budget that invests at least $75 billion over five years. The choice is yours but it’s our kids’ future at stake. Learn more here.

 

CALIFORNIA POLICY IS ALWAYS CHANGING: Know your next move. From Sacramento to Silicon Valley, POLITICO California Pro provides policy professionals with the in-depth reporting and tools they need to get ahead of policy trends and political developments shaping the Golden State. To learn more about the exclusive insight and analysis this -only service offers, click here.

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