San Jose became the first known jurisdiction in the U.S. of guns to purchase liability insurance. If gun owners follow through, they will most𝐆 likely acquire coverage, or potentially already have it, through their homeownཧers or renters policies, according to insurance industry officials.

After the city council voted June 2🌳5 to pass the , the San Jos💯e mayor’s office touted the initiative as one way to reduce gun violence, as the ordinance also includes separate non-insurance related fee to be paid by gun owners to a designated violence prevention-oriented nonprofit annual fund.

Conti𝄹nued firearm violence spurs action by lawmakers💎

The rise in deadly violence, including mass shootings in the U.S., where 316 people are shot daily, 106 killed, and 90 are shot unintentionally but survive,has created an impetus to enact laws around gun ownership and liability, acc💝ording to the advocacy groꦰup Brady United. 

Advocates and consumer groups in the gun violence prevention community the new law as innovative and urged other cities to follow San Jose’s example. The new ordinance ꦬꦉgoes into effect 180 days after adoption, so in about 6 months.  

According to the on the new measure, a May 26, 2021 mass shooting of 8 people by a 57 year-old male employee male, at a nearby light♏ rail yard spurred May♏or Sam Liccardo’s to take a broader plan of action to curb gun violence. 

The new law recited devastating statistics on gun injuries and deaths for the state and the nation, including the finding that having a gun in the home, no matter what kind or how stored, was associated with an increases risk of death by gun from homicide or suicide. More than 23,000  people in the U.S. die by suicide, 14,000 die by homicide, and almost 500 die from unintentional injuries from guns annually, according to language in the new law. 

No amount of in💮surance will buy coverage for criminal acts with firearms

However, insurance industry representatives have noted there are remedies with𓄧in the system and that, in the vast majority of circumstances, no policy will be underwritten by actuaries to cover an illegal act. Most standard policies contain a liability exclusion for intentional and/or criminal acts and no insurance that will cover criminal acts is under development or foreseen, according to those in the personal lines insurance industry. 

Insurance was just not meant to cover criminal acts, and those meant to cause harm unless there are extenuati💖ng circumstances such has a home invasion or self-defense, say personal lines experts. 

There are no specific U.S. insurers that offer “separate, stand-alone gun liabi🃏lity coverage,” as the Insurance Information Institute statꦺes in a recent .

Check current homeowners policy coverage

There is personal liability coverage for gun owners, but usu꧑ally this is available through a firearms association, according to the Triple I. There does exist specific coverage for self-defense with a firearms in some policies, but it is rare the organization says. 

In the absence of such personal firearms-tailored policies, one’s homeownersꦗ insurance policies could cover damage from or loss of a weapon, including accidental discharge, so it is best to check with one’s agent if one owns firearms to check on coverage.  

In personal lines like homeowners’ policies guns are treated like other personal property. Thus, people can make claims for damage to or the lo🎃ss of a weapon or the accidental discharge of a weapon,  according to Karen Collins, assistant vice president for personal lines for the American Property Casualty Insurance Association.

These kinds of incidents with firearms might be covered already under homeow♌ners policies, while health insurance will cover an individual’s own medical expenses from a shooting, up to the policy limit, she noted through aꦗn email rom a spokesperson. 

New coverage is needed rather th꧅an new laws say insurance executives

“Some individua🎃ls view mandatory gun liability coverage as a 𒀰solution to accidental discharges, negligent acts by gun owners, and thefts. However, new legislation is not necessary to accomplish this goal,” Collins said.  

Indeed, the ordinance's language itself points to locating this liability coverage in other personal lines insurance policies. It orders any person who lives in San Jose and owns a firearm must maintain a “homeowner’s, renter’s or gun liability insurance policy from an admitted insurer,” and says that these policies must cover damages from negligent or accidental use of a gun.

Enforcement of the new𒀰 measure is as♔ yet vague, and appears to be in the form citations, potential fines note yet set and other civil and administrative remedies.  

The California Department of Insurance did not return a query on the m🐭ᩚᩚᩚᩚᩚᩚ⁤⁤⁤⁤ᩚ⁤⁤⁤⁤ᩚ⁤⁤⁤⁤ᩚ𒀱ᩚᩚᩚeasure and its applicable laws.