Posted On: August 7, 2011 by Will Nefzger

Is It Time To Start Licensing Gun Owners And Requiring Carrying Legal Liability Insurance Coverage?

An old college baseball teammate of mine was driving through Louisville this weekend on their way to Montgomery, Alabama from Chicago, and he contacted me to meet him, his wife and their 2 year old daughter for breakfast on Saturday morning. Somehow the topic of gun ownership came up. We are both gun owners. In Illinois, he is required to register and obtain a photo identification card in order to be able to legally purchase and own a gun. Furthermore, Chicago, where he lives, requires registration of at least hand guns.

What this licensing procedure lacks is any education or training in use and ownership of firearms. Firearm ownership and use should not be any different than car ownership and use to the extent of education, training and the requirement of carrying liability insurance coverage. The requirement of education and training in firearm ownership and use can be accomplished without violating the Second Amendment right to keep and bear arms. It would not restrict that right in any way and will identify people who are reasonably restricted from exercising the right that almost everyone agrees should be (the mentally disturbed, felons).

Setting aside the education and training requirement argument, a requirement to carry liability insurance coverage only requires that a citizen meets his or her responsibilities when he or she exercises a right, but is negligent, careless or reckless and hurts someone while doing that. One of the bedrock principles of this country is that with great freedom comes great responsibility. It is time to apply that principle to firearm ownership. As a lawyer who represents victims of the careless and reckless behavior of others, I see much too often that someone injured by a firearm handled in that manner has no recourse because the at fault person does not have insurance coverage or adequate assets to cover his or her liability for the injured or killed party. It is an injustice that needs to be corrected.