State Senator Proposing Legislation To Require Gun Owners To Carry Civil Liability Insurance

A state Senate Bill currently in committee would require all firearm owners to obtain liability insurance no less than $1 million in value.

The bill known as S.5974, which has been introduced by Senator Kevin Parker (D-21), is currently in committee with the Assembly as well with A.5611.

Parker represents a portion of Brooklyn that covers Flatbush, Little Haiti, Flatlands and Mill Basin.

According to the bill, the potential legislation would amend insurance law and would require gun owners or potential owners to "obtain and continuously maintain a policy of liability insurance to cover any damages resulting from the use of such firearm."

Insurance would also be required prior to the purchase of firearms by anyone not currently in possession of a firearm, according to the bill.

"Injury and death by gun-related accidents has increasingly become a problem in the U.S., and in New York State. In the wake of recent mass shooting incidents in Aurora, Colorado and Newtown, Connecticut, there has been a nationwide attention on gun control and public safety. According to the FBI Crime Report, there were 445 firearm murder in New York in 2011 and 517 firearm murders in 2010. However, there is little attention on the economic impact these shootings have on the victims and their families," the bill states.

The language referring to Aurora, Colorado and Newtown, Connecticut, directly references high profile mass shootings in 2012 that led to a nationwide push to ban "assault rifles" and magazines with a capacity over ten rounds.

In total, 26 people, mostly children between the ages of six and seven-years-old, lost their lives during the Sandy Hook Elementary School shooting. Six staff members were also killed in the shooting.

In Colorado, 13 individuals were killed, with 70 more injured when a shooter entered a full movie theater during a midnight screening of the film "The Dark Knight Rises."

The push to pass the new legislation comes shortly after Governor Kathy Hochul signed three more gun-control measures into law, including a ban on "pistol converter devices' which were already banned at the federal level.

During her address last week, Hochul also touted a 53% decline in shootings year-to-date compared to a pandemic peak in 2022.

The new bill goes on further, saying insurance policies will safeguard innocent bystanders from medical expenses in the event of a shooting.

"By having this insurance policy in place, innocent victims of gun-related accidents will be compensated for the medical care for their injuries," the bill states.

Though the bill is in committee again, multiple attempts have failed in the past, including most recently during the 2023-24 legislative session.

Other efforts also occurred in 2013-14, 2015-16, 2017-18, 2019-2020 and 2021-22.

Gun rights organizations have pointed towards previous rulings by the U.S. Supreme Court that, while not explicitly including firearms as the central focus, noted that excessive taxation on constitutionally guaranteed rights is unconstitutional.

The bill joins a host of other pending legislation that would implement new regulations, ranging from a 10-day wait period to further restrictions of "sensitive spaces" where lawful concealed carry would not be allowed.

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