NY Proposal to Screw Gun Owner's a Little Bit Further

I notice the general exceptions to sections A through H has this exception.



Wouldn't a DUI be breaking the conditions of their driving license?

I'm not sure what 'conditions of driving licence' are, unless it is specifically referring to the category of vehicle you are licensed to drive, i.e you have a driver's licence for a car but you try driving a HGV (heavy goods vehicle or a truck to you), in which case you wont have a valid insurance policy for that vehicle and it would be illegal for you to be driving it without insurance cover.

All I can tell you is that the third party insurance liability is as set out in the current Road Traffic Act, and this doesn't seem to place any proviso on the grounds for liability.

Basically, if you have motor insurance you are covered for the harm you do to a third party, unlimited for injury and up to a limit for property.

In some cases, even if you car is stolen you are still covered, provided you have notified the police of the theft in good time.
 
Wildcat's comment regarding tort is interesting, and may well be a reason why insurers won't want to touch gun owners.

However, I do recall doing some research previously where personal injury payouts were actually constrained by law as multiples of an award for costs, i.e if the court awarded $100,000 for medical expenses then a personal injury claim could only be awarded up to a maximum of 9x that amount. I can't recall though if this was Arizona or California, but I'm sure our US posters can confirm or deny.
 
There had been a lengthy conversation about martial arts and guns and compulsory insurance. Triforcharity then made what appears to be a startling confession that he can envisage a deadly threat from a 6 year old martial arts kid. There was no gotcha, just reaction to that comment.


When the hypothetical scenario is that someone or something "somehow was putting my life in danger", the reasonable hypothetical response is yes, I'd use whatever tools might be available to quell the threat. The question was posed to set up an opportunity to express indignation. The opportunity arose, the indignation was expressed. It was, as I said, a transparent "ask a stupid question" ploy. As a reasonable argument, it failed, the self righteous indignation expressed over the reasonable response notwithstanding.

It is reasonable to at least be concerned about a believed law abiding responsible gun owner who envisions shooting children because they know a martial art.


That is, of course, another blatant misrepresentation of the actual discussion, and as such, has no relevance to reality.

Add that to the crimes committed by the law abiding reasonable gun owners which have resulted in many threads on this forum, plus the studies of claimed DGUs and sorry, but reasonable law abiding gun owner does not guarantee they will not make a mistake or turn and kill. There should be insurance against that paid for by the gun owners.


Only insomuch as there should be insurance paid for by golfers for the occasion when law abiding reasonable golf club owners commit crimes with their golf clubs. We would likely all agree that being a reasonable law abiding golf club owner does not guarantee they will not make a mistake or turn and kill. The same applies to tire iron owners, baseball bat owners, butcher knife owners, hatchet owners, and those who own hands and feet, too, of course.

False equivalence.


No, it is not a false equivalence to place all the implements people utilize to kill other people in the category of, well, implements people utilize to kill other people. The logical fallacy comes in separating out some particular instrument and treating it, or its owners, differently than the others. That's called special pleading, and although a staple in the arguments against gun ownership or for increasing restrictions on the law abiding citizens, it obviously has no place in an honest discussion.

That assumes there are two separate groups the always law abiding and the never. What happens when the law abiding make a mistake or go rogue? Who pays then? I say gun owners should.


In the United States, the person who perpetrates the crime should be held responsible. It is, of course, a ridiculous argument to suggest that people who have nothing to do with a crime be held responsible for it. Objectively it is just as ridiculous to argue that there should be insurance against using a pencil to kill someone and it should be paid for by the pencil owners. Or thallium owners, or owners of short lengths of rope, or nail gun owners, or people who own gasoline and matches, or blackjack owners... To pick out a particular implement or tool and apply different regulations to that tool is called special pleading. Again, it is not an honest ploy, and obviously has no place an an reasoned discussion.

I would not be so concerned about compulsory insurance if gun users legal or not who broke the law were full investigated prosecuted and punished. But enforcement seems poor and rather lenient towards gun users. The law appears to more forcefully applied to those who beat people up with bats and their fists than those who shoot, especially when the shooter is "law abiding and responsible".


Unsubstantiated opinion, arguments from incredulity, and appeals to ignorance do not constitute a reasonable argument.

Agreed, but I see both sides at it, not just the non gun owners. You are blind to the rubbish gun owners are capable of coming out with.


Clearly the arguments against gun ownership or for increased restrictions on law abiding gun owners are so empty that it is necessary to resort to personal attacks, hyperbole, strawmen, and misrepresenting reality rather than addressing the actual issues.
 
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You keep making that claim, you've shown no evidence whatsoever for it.

That is no evidence, apart from the Road Traffic Act 1988 and the insurance company terms and conditions you have been linked to. Just because you are provided with evidence and cannot read it does not mean there is no evidence. :rolleyes:
 
So if you discover one morning that someone vandalized your car overnight your insurance company wouldn't pay?

You are being willfully obtuse. If the insurance covers vandalism, you would get a pay out. No insurance covers vandalising your own car, plenty will cover others vandalising your car.
 
.....

Wouldn't a DUI be breaking the conditions of their driving license?

Yes, so no insurance would pay out for them or damage to their car, but it will for others or damage to others property. Thats the law under the Road Traffic Act 1988, others have to be covered.
 
When the hypothetical scenario is that someone or something "somehow was putting my life in danger", the reasonable hypothetical response is yes, I'd use whatever tools might be available to quell the threat. The question was posed to set up an opportunity to express indignation. The opportunity arose, the indignation was expressed. It was, as I said, a transparent "ask a stupid question" ploy. As a reasonable argument, it failed, the self righteous indignation expressed over the reasonable response notwithstanding.

He could have said that he would see no circumstance where he could envisage shooting a 6 year old. That he can envisage such happening is telling of his ability to risk assess.




That is, of course, another blatant misrepresentation of the actual discussion, and as such, has no relevance to reality.

No it is based on a gun owner saying they could see a circumstance where they could shoot a 6 year old.




Only insomuch as there should be insurance paid for by golfers for the occasion when law abiding reasonable golf club owners commit crimes with their golf clubs. We would likely all agree that being a reasonable law abiding golf club owner does not guarantee they will not make a mistake or turn and kill. The same applies to tire iron owners, baseball bat owners, butcher knife owners, hatchet owners, and those who own hands and feet, too, of course.

Maybe all of us, no matter what should be made to take out third paty liability insurance. As it is the instances where there are specific problems, such as vehicle drivers are the ones who (in the UK) have to take out such insurance. I do not think that just becuase one thing needs to be insured means that everything needs to be insured. Because of the deaths and costs caused by cars and guns, I say they are two things which should be insured.




No, it is not a false equivalence to place all the implements people utilize to kill other people in the category of, well, implements people utilize to kill other people. The logical fallacy comes in separating out some particular instrument and treating it, or its owners, differently than the others. That's called special pleading, and although a staple in the arguments against gun ownership or for increasing restrictions on the law abiding citizens, it obviously has no place in an honest discussion.

So are you against vehicle insurance or other indeminity being compulsory? I say each thing should be assessed individually and it wrong to apply the same rule to the whole.




In the United States, the person who perpetrates the crime should be held responsible. It is, of course, a ridiculous argument to suggest that people who have nothing to do with a crime be held responsible for it. Objectively it is just as ridiculous to argue that there should be insurance against using a pencil to kill someone and it should be paid for by the pencil owners. Or thallium owners, or owners of short lengths of rope, or nail gun owners, or people who own gasoline and matches, or blackjack owners... To pick out a particular implement or tool and apply different regulations to that tool is called special pleading. Again, it is not an honest ploy, and obviously has no place an an reasoned discussion.

Agreed, which is why I have made no such argument. Please be more honest when you criticise others.


Unsubstantiated opinion, arguments from incredulity, and appeals to ignorance do not constitute a reasonable argument.

True, i can still voice an opinion, so long as you do not try and claim it as fact, which I did not. Please be more honest when you criticse others.


Clearly the arguments against gun ownership or for increased restrictions on law abiding gun owners are so empty that it is necessary to resort to personal attacks, hyperbole, strawmen, and misrepresenting reality rather than addressing the actual issues.

None of that is an honest descriptive of what I have argued for. The actual issue I have been speaking of is whether gun owners should have to insure themselves for their actions or not. I have said they should in the same way UK vehicle drivers have to have with third party liability. When a US gun owner states he could envision shooting a 6 year old, I say that is worthy of comment and it strengthens my argument.
 
1. How did he place a handgun into circulation?
2. Why does anyone need an AR-15?
3. Prohibited but not enforced, nor are there tools to enforce the prohibition.
Another trifecta!

1. He bought another handgun, which automatically places it into circulation according to a multitude of posts by the anti-gun faction, making it available for accidents, misuse, suicide, impulse murder, and theft. Now you are implying this is not the case.

2. For the same reason A person might decide on a Ferrari over a Chevrolet, or an Omega over a Timex. AR-15's are no different than any other semi-automatic rifle, and superior to many in certain circumstances.
A better question might be to ask why you practice Thai boxing over ballet.

3. There are tools for enforcing, namely Federal laws which specifically prohibit sales made with the intent of transferring the firearm to another entity, and which CPT Gifford intentionally violated if you buy his excuse. It's incredible to believe you have engaged in a debate on gun control and are apparently unaware of this.
As to lack of enforcement, if the situation is a dire as the anti-gun crowd makes it, why is there no cry for enforcement? The anti-gun faction has taken just the opposite approach and shouted down or ridiculed anyone even attempting to ask that the existing laws be enforced.
There appears to be a pattern evolving here.
Pass an firearms restriction, but don't enforce it. Then, when it fails to show any success, demand more restrictions (and don't enforce them either). If you keep it up long enough you have, by increments, legislated away all practical means of exercising the right to keep and bear arms.

As to CPT Gifford's "publicity stunt", I find it curious that he did not bother to inform the press beforehand (which would have gathered obvious positive press and, in light of his notoriety, been well covered my the mainstream media) and chose to wait until after he had been exposed to make the claim.
" I wasn't stealing the cookie, Mommy. I was going to bring them to you!"
 
I see, I misunderstood. You're talking liability insurance.

We've been talking about liability insurance for quite a long time now. Statutes, court verdicts, insurance policy wordings .....

Please keep up.
 
As to CPT Gifford's "publicity stunt", I find it curious that he did not bother to inform the press beforehand (which would have gathered obvious positive press and, in light of his notoriety, been well covered my the mainstream media) and chose to wait until after he had been exposed to make the claim.
" I wasn't stealing the cookie, Mommy. I was going to bring them to you!"

Or he was worried that the press might tip off the seller of the weapon?

I think you said you used to be in law enforcement, correct?

What is more plausible:

Man at forefront of gun control advocacy secretly wants to purchase a weapon for personal protection, sports shooting or hunting?*

or

Man at forefront of gun control advocacy secretly wants to purchase a weapon to show just how easy it is for anyone to get a weapon?

*How is he going to avoid anyone knowing if he has occasion to use the weapon for self defence or takes it to a range or goes hunting with it?

Your biases are very prevalent on this thread, disturbingly so.
 
Yes, so no insurance would pay out for them or damage to their car, but it will for others or damage to others property. Thats the law under the Road Traffic Act 1988, others have to be covered.

I'm not singling this post out, it is merely the latest in the "liability insurance" analogy.

I can't say about the UK, but in the US insurance companies don't pay out for intentional acts.

"Common Law Principle - No Coverage For Intentional Acts
As a matter of public policy, the law will not allow a business owner to insure against intentional acts or crimes. The reason is because it is assumed that if this is allowed, then businesses will not take steps to stop such actions or will engage in such acts because the acts are insured. The law presumes business owners will treat this as a cost of doing business rather than taking steps to stop the event from occurring. In fact, most states allow insurance only for fortuitous events - events that are "accidents."

We have what is known ans an "intentional acts exclusion".
http://businessinsure.about.com/od/liabilityinsurance/f/intactfaq.htm
The smae applies to homeowners:
"Since liability policies typically do not provide coverage for intentional acts, there may be a question as to whether the policyholder acted intentionally. "
http://realestate.findlaw.com/owning-a-home/what-does-a-home-insurance-policy-cover.html
And:
"Most homeowners' insurance policies provide insurance coverage for household members for their conduct both within and outside of the home. However, there are usually exclusionary provisions, which preclude coverage for intentional acts, and more specifically, for intentional illegal or criminal acts."http://www.bostonaccidentinjurylawyer.com/2009/01/when-does-an-an-injury-arising.html

The NY law requires coverage for intentional criminal acts.
A good faith claim might be made that having such insurance could prompt even further negligence and/or criminal acts as the insured would know he/she was relieved of any possible civil liability and the insurance company would be forced to "step into their shoes' to defend the act.
 
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Agreed, but I see both sides at it, not just the non gun owners. You are blind to the rubbish gun owners are capable of coming out with.
As AGs are blind to what democrats really want:

http://www.breitbart.com/Big-Govern...sky-Assault-Weapons-Ban-is-Just-the-Beginning

Schakowsky: Assault Weapons Ban 'Just the Beginning'

Officially, Democrats--including Schakowsky--hew to the party line as laid down by the president, which pledges support for the Second Amendment and for gun ownership in rural communities where hunting and shooting are viewed as traditional pastimes.

Gun owners fear that the Sandy Hook-inspired gun control measures before Congress--none of which would have stopped the mass shooting at Sandy Hook--are a prelude to broader regulations, including the banning of handguns and the eventual registration and confiscation of firearms, despite earnest assurances by Democrats to the contrary.
 
I

I will say this limited ammo supply has triggered (ha!) store owners into doing something I never thought I'd be OK with. It used to be that you could buy any caliber round you want, no questions asked. Now, shop owners are asking that people show their pistol permit anytime they want to purchase a primarily pistol caliber ammo (ie: .32, .357, .38, .44, .45, etc.).

This has caused some griping because some of those calibers can be used in certain rifles...the shops simply ask that you prove it. Gun owners have been dealing with it amicably for the most part.

What is awesome is that the people that have no permit and no rifle are not able to buy ammo for their illegal pistols. Police were called to a popular Buffalo area gun shop because a young man was refused sale of pistol ammo and he got a little wacky. Turns out the young man had a warrant...and they recovered an unregistered .38 special from his vehicle.

It got me thinking, that limiting sale of pistol ammo to strictly pistol owners and special cases as a law might be a good idea. Obviously, before the recent ammo crunch, illegal owners could buy a caliber of choice with no problem...now they'd have to find another illegal way of getting ammo which could make that radar ping on them a bit brighter.

Anyway...that was a big old ramble of my weekend thoughts and experiences...

Yes.

And that was something that I have seen Nessie post on - as well as me.


Guns can last a lot longer than ammunition. A crude gun* is probably safer for the user than a crude round.


*STEN gun for example.
 

I'm not singling this post out, it is merely the latest in the "liability insurance" analogy.

I can't say about the UK, but in the US insurance companies don't pay out for intentional acts.

"Common Law Principle - No Coverage For Intentional Acts
As a matter of public policy, the law will not allow a business owner to insure against intentional acts or crimes. The reason is because it is assumed that if this is allowed, then businesses will not take steps to stop such actions or will engage in such acts because the acts are insured. The law presumes business owners will treat this as a cost of doing business rather than taking steps to stop the event from occurring. In fact, most states allow insurance only for fortuitous events - events that are "accidents."

We have what is known ans an "intentional acts exclusion".
http://businessinsure.about.com/od/liabilityinsurance/f/intactfaq.htm
The smae applies to homeowners:
"Since liability policies typically do not provide coverage for intentional acts, there may be a question as to whether the policyholder acted intentionally. "
http://realestate.findlaw.com/owning-a-home/what-does-a-home-insurance-policy-cover.html
And:
"Most homeowners' insurance policies provide insurance coverage for household members for their conduct both within and outside of the home. However, there are usually exclusionary provisions, which preclude coverage for intentional acts, and more specifically, for intentional illegal or criminal acts."http://www.bostonaccidentinjurylawyer.com/2009/01/when-does-an-an-injury-arising.html

The NY law requires coverage for intentional criminal acts.
A good faith claim might be made that having such insurance could prompt even further negligence and/or criminal acts as the insured would know he/she was relieved of any possible civil liability and the insurance company would be forced to "step into their shoes' to defend the act.

Which is why I and others are saying UK motor insurance is a better idea for US gun onwers as it insures third parties injured or damage done, whether or not the gun owner acts intentionally or not.
 
Or he was worried that the press might tip off the seller of the weapon?

I think you said you used to be in law enforcement, correct?

What is more plausible:

Man at forefront of gun control advocacy secretly wants to purchase a weapon for personal protection, sports shooting or hunting?*

or

Man at forefront of gun control advocacy secretly wants to purchase a weapon to show just how easy it is for anyone to get a weapon?

*How is he going to avoid anyone knowing if he has occasion to use the weapon for self defence or takes it to a range or goes hunting with it?

Your biases are very prevalent on this thread, disturbingly so.
Why would the liberal press, who are completely on the anti-gun bandwagon, to the point of intentionally skewing reports and "tests" to favor anti-gun policies, tip off the seller? It's not like he had to issue a press release, he only needed to contact one media outlet (or even one reporter) to accompany him, or just be waiting in the parking lot or down the street.
And just what would "tipping the seller off" accomplish?
As to your question about what is more plausible, I also notice that CPT Gifford doesn't seem all that interested in turning over the 1911 .45 Cal pistol he purchased to the PD. As a former law enforcement officer it would be hard enough to accept his excuse on the face of it, but this last omission would remove any doubt.
Frankly, if my wife had been shot, I'd be looking for some armament to protect her myself. There are many, I'm sure, who would say, "Why do I need to protect my wife? Isn't that someones else's responsibility?". But I get the impression that CPT Gifford would feel the same way I do about manning up to his own responsibilities. This last is mere personal opinion, of course, but I think it makes a certain sense, all things considered.


My biases are prevalent on this forum. I've consistently supported the 2nd Amendment, and at the same time recognized reasonable legislation that passed the test of compelling interest and exclusion. Big bias, big deal.
OTOH, and not to make this personal but to respond directly to your accusation, do any of your posts show a bias towards firearms confiscation or legislation that does not meet the standards set forth by the law?
 
But until then, let's stay on topic, shall we?

Good grief.

You think it's a 'my county's better than yours' argument?

We (the UK posters) have difficulty understanding why a public liability insurance would not be applicable to gun ownership in the US.

US posters, such as yourself, say "It won't work, no insurer will touch it because it has the 'wilful intent' clause included"

We then debate whether or not such clauses are already prevalent in third party liability policies, such as that for car insurance.

We are met with incredulity from some US posters who believe it's all a load of faeces, because they just can't get their heads around the notion that a third party liability insurance would cover even criminal acts.

We have a bit of a song and dance over what third party insurance actually means; does it cover vandalism to your car? Will it pay your speeding fines?

The conclusion is that the US insurance system doesn't appear to cover 'wilful intent', though I have to say reading the link you provided regarding business insurance it is in no way cut and dried.

But now you want to believe that it's a 'superiority' thing, because UK insurance does things differently and we use that as an example of how a gun insurance could be implemented.

I mean, come on, get the chip off your shoulder!

Yes, your biases are definitely showing again. It would appear that in your eyes people can't have honest intent, whether it is someone highlighting how easy it is to purchase a deadly weapon in the US, or someone campaigning for tighter gun control or a bunch of people on an internet forum kicking around ideas. No none of these people can be honest in your eyes, they have to be trying to feel superior to you, trying to be elite and have ulterior motives for their ideas.

Once again the battle lines are drawn and you're going to hunker down and stick your fingers in your ears because what you're hearing is unpalatable to you.
 
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...
<SNIP>
But until then, let's stay on topic, shall we?

Pointing out how compulasory insurance for gun owners can work, on a thread about compulsory insurance for gun owners is on topic. The rest of your post is drivel.
 
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As long as he is not a prohibited person ( and I don't believe he is) then I have no objection to him buying a gun at all.
Do you have any objection to his prevarication ( and it was obviously a prevarication, as the police are quite capable of arming themselves without relying on retired Navy Captains to buy guns for them) as to why he bought the firearm?
Hmm. Maybe not.

http://www.catholic.org/business/story.php?id=49870

No more guns for the police, private arms boycott growing fast

companies which explain what they are doing and why.

Olympic Arms, Inc
La Rue Tactical
EFI, LLC - Extreme Firepower
York Arms
Templar Custom
Cheaper Than Dirt
Barrett Firearms
Exile Machine
Tier One Arms
Bravo Company USA
Primary Weapons Systems
Crusader Weaponry
Top Gun Supply
Kiss Tactical
Clark Fork Tactical
OFA Tactical
One Source Tactical
Templar Tactical Arms
NEMO Arms
Old Grouch's Military Surplus
Big Horn Armory
Midway USA
CMMG Inc
Rocky Top Tactical
Badger Peak
Controlled Chaos Arms
SRT Arms
Norton Firearms
Citizen Arms
Evolution Weaponry
Doublestar Corp
JCW Industries
Huntertown Arms
Bullwater Enterprises
Westfork Armory
Smith Enterprise
Alex Arms
Spike's Tactical
Quality Arms
Liberty Suppressors
Doublestar Corp
American Spirit Arms
Trident Armory
Head Down Products
J&G Sales

This list continues to grow daily.
 
It's nice to see the gun manufacturers/arms dealers taking the high moral ground in defence of their profits.

I wonder how people would feel if these were pharmaceutical companies who faced with a favourite product becoming prescription only decide not to supply the drug to any county hospitals?

PS - gotta love the names of some of those arms dealers....

Cheaper Than Dirt - 2A on a budget

Bravo Company USA - for your inner Rambo

Top Gun Supply - for your inner Maverick
Kiss Tactical - For your inner gene simmons

NEMO Arms - For your inner rainbow fish

Old Grouch's Military Surplus - can't you just visualise that one?

Big Horn Armory - yep, nuff said

Controlled Chaos Arms - coz nothing says responsible gun ownership like controlled chaos

Liberty Suppressors - wtf?

Head Down Products - from embarrassment?
 

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