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Post 04 Mar 2011, 3:39 pm

and these countries are....?

But before listing them, be sure to compare apples to apples. If you list somewhere that started this policy before the number of guns got out of hand, then you are not listing anything comparable. You state "Gun control does work" does it when you have so many already in circulation as we do? (save the searching, you can't compare us to any others that way) to make such a claim is folly, there is nowhere that is similar to our situation.

and while I do agree it might have worked way back when, I also think the second amendment here served it's purpose quite well.Now it's a different ball game however.
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Post 04 Mar 2011, 6:20 pm

Tomorrow I might change my mind, but I think the way things are is OK. Gun laws are VASTLY different depending where you are. I can’t own an unlicensed handgun in NYC, and I can’t get a license unless I can demonstrate a need, and protecting my home isn’t a need. Long guns are also difficult to license, but less so than handguns. In other places you can buy freely, and carry open or concealed, no problem. As Plaxico Burress found out, what may be completely legal in one state is a felony in another with mandatory jail time. And while that may seem frustratingly arbitrary, those laws, theoretically, reflect the values of the community. I really don’t ever think twice about people carrying guns in NYC, but when I lived in Detroit, you never knew who was carrying, and you knew everyone had one in their house, and that’s OK, because it reflects the values of the people who live in both places.

So to directly answer X’s questions, I would say it depends entirely on where you are and the laws that have been enacted by the community.
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Post 04 Mar 2011, 6:44 pm

rickyp wrote:x
Ricky: your asking for proof of liability insurance is interesting. Do you see a big unmet necessity for indemnification of damages arising out of negligence? That's all that will be covered (unless you want to change insurance law - and have at it!).

Hyopothetically we get to change everything, right?
Hypothetically damages arising from negilgence or misuse would be covered. And I think Insurance companies would be pretty good at weeding out bad risks

My ability to communicate seems to be diminishing daily. Please re-read just the lines you quoted from me, Ricky. Damages for negligence are already covered under every homeowners and renter's policy. I have no idea what you mean by "misuse" but if you're trying to hammer in a nail with your gun and accidentally break a window a quarter mile away it's covered. If, however, you're trying to intimidate someone by pointing the gun at them and it "accidentally" goes off you won't be covered for damages. You may change insurance law but I see no need to change it. Pointing at gun at someone with intention to intimidate is called "armed assault" and we don't want to encourage it, do we?

So I'm guessing that what you want covered is already covered, and insurance companies not only aren't "pretty good at weeding out bad risks," they don't even make the effort, nor would they if gun ownership were restricted further. The only way you could influence this is to legislate that all awards for damages arising out of the negligent use of a firearm "shall be increased by a multiple of one hundred (with the excess devoted to gun buy-back programs)." That might make it worth the while of insurance companies to do a little underwriting. Even so, I'm not sure what they'd do beyond asking about the number of guns owned. Are they supposed to put you through a gun negligence (i.e. safety) test? They don't do that with autos, which cause immensely more insured losses than guns ever will.

(People have the strangest ideas about how insurance companies operate.)
I take your point about "cancelling insurance". However insurance companies would have access to the same gun ownership database and when insuracne is cancelled that would be reported to the authorities. The same as if you get caught driving without insurance... (We have these massively powerful computer databases....In my hypotehtical world they'd be used as well for management of the gun owners universe as it is for medical insurance. So, not perfect - but fairly effective.)

Insurance companies don't report to any authorities the lapse or cancellation of auto policies. Not in the USA or anywhere else I'm familiar with. If you get in an accident or are stopped for a traffic citation and the police discover that you are uninsured then they'll assess a fine. I explained how, by naming the ATF on a policy, you could get a remedy to the problem, but you don't seem to like that and instead invoke "massively powerful computer databases" in a scheme that I don't understand. Since this is a minor point I won't pursue it but I hope you'll be a bit more careful when reading my posts and even more careful when talking about insurance.

If you want to make gun ownership a financial burden, just up the registration fees and the fines imposed for minor infractions of the registration rules. Or impose taxes on guns and ammo like we do with tobacco and alcohol (only more so).
Hyopothetically we get to change everything, right?

No. Hypothetically you are unrestrained by a constitution or a body of precedent, and you are free to enact any law you care to draft, but you can't ignore the laws of physics. You'll have to enforce any law you impose. Thus, while I might legislate that all pistols shall be turned in to the authorities, with the owners getting reasonable financial compensation (something like eminent domain), I'd have to overcome the problem of non-compliance without resort to magic.

Sassenach wrote:...the reason I wouldn't outlaw [rifles] is simply that they have a useful function outside of violence between humans which it would it would probably be unjust to deny to people.

What is this useful function? Hunting? Killing rabid dogs in the street a la Atticus Finch? Please allow me to play devil's advocate to whatever is holding you back from outlawing rifles.

Green Arrow wrote:When I say a military grade, I mean a weapon that is a military weapon.

Very elucidating.

Ruffhaus: fascinating post but it belongs in the other thread. It's simply irrelevant here but might provoke some interesting discussion there.

Geojanes: please review everything I've written about the nature of the hypothetical. You cannot answer my questions by saying "it depends on the laws that have been enacted." You can say interesting things but they won't be answers to my questions.

If there were no legal or constitutional impediments or precedents, what laws/regulations would you like to see in place in the USA regarding gun ownership/possession/trade?
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Post 04 Mar 2011, 8:46 pm

You may change insurance law but I see no need to change it
.
This is my hypothetical isn't it? I get to paint the scenario ?
So kindly bugger off Mr. Insurance agent guy . :smile: .. cause in my world you need to be covered for insurance for any harm that comes out of the use of your firearm, that can be proven to be illegal activity on your part, or negligence on your part.
You are convicted of murdering someone, your insurance company needs to shell out for damages to the murder victims survivors. (OJ had to pay!)
If you think insurance companies won't find an ingenious way to screen out the bad risks, you have less regard for the insurance industry than I.
I take your point that the current car insurance system has flaws. In my perfect scenario there is a functioning interconnected web based gun control site accessed by insurers, sellers and authoriities (police, ATF).
The vendors need to ensure that the right certification is present on site, and when insurance lapses a ping is sent to the authority with jurisdiction. If they have the resources they will pay a visit to the person with the lapsed insurance.
Frankly, this isn't that difficult a programming problem. Its less difficult then airline ticketing...
 

Post 04 Mar 2011, 10:17 pm

You believe the insurance has the right to screen out bad risks? Does this same insurance company have the same right to screen out bad medical risks, and not cover people with pre-existing conditions?

Or does the government get to pick and choose in your hypothetical?
<Never mind, I know the answer you would give...>
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Post 04 Mar 2011, 10:37 pm

x

Let's discuss what ideal gun laws for the USA would look like as if we had no Constitution and no body of constitutional jurisprudential precedent.


I was trying to say--not well, admittedly--that ideal gun laws in the US would look very different depending on the community standards and attitudes toward guns. Some places would outright ban them, others would put some restrictions, while the state of RuffHaus would provide M1 Tanks as a public service. Though, I do admit that's not a very satisfying answer.

I actually buy the insurrectionist argument at least a little, and while I don't know that much about it, what I do know about the Swiss model I find interesting. Every able bodied man in Switzerland of reasonable age is in the reserves, and he has a semi-automatic "military" weapon at home with ammo locked up. There, it is a citizen's duty to keep a weapon at the ready, and to know how to use it. I expect that is very potent deterrent to all kinds of bad things.
 

Post 04 Mar 2011, 10:46 pm

There it is! RickyP hates Switzerland!
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Post 05 Mar 2011, 12:04 am

What is this useful function? Hunting? Killing rabid dogs in the street a la Atticus Finch? Please allow me to play devil's advocate to whatever is holding you back from outlawing rifles.


I'm really not sure how I said anything before that wasn't perfectly clear. The primary function of shotguns and hunting rifles, the task for which they were designed, is something other than the killing of people. Handguns and assault rifles and submachineguns and every other type of firearm were invented for the express purpose of killing people. Obviously I'd still require the owners of hunting rifles to have a licence for their gun, but I don't think it would be fair to totally outlaw the practice of hunting.
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Post 05 Mar 2011, 2:39 am

GMTom wrote:and these countries are....?

But before listing them, be sure to compare apples to apples. If you list somewhere that started this policy before the number of guns got out of hand, then you are not listing anything comparable.
Well, gun ownership was pretty common in the UK not all that long ago. Canada has a level of gun ownership comparable to the USA by head.

You state "Gun control does work" does it when you have so many already in circulation as we do? (save the searching, you can't compare us to any others that way) to make such a claim is folly, there is nowhere that is similar to our situation.
Nowhere? Nowhere at all? America is so unique? Or you don't know anything else so assume it to be so?
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Post 05 Mar 2011, 2:42 am

Green Arrow wrote:There it is! RickyP hates Switzerland!
And you would like the part that goes alongside their policy - full male conscription and everyone afterwards is in the reserves?
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Post 05 Mar 2011, 7:05 am

rickyp wrote:
You may change insurance law but I see no need to change it
.
This is my hypothetical isn't it? I get to paint the scenario ?
So kindly bugger off Mr. Insurance agent guy . :smile: .. cause in my world you need to be covered for insurance for any harm that comes out of the use of your firearm, that can be proven to be illegal activity on your part, or negligence on your part.
You are convicted of murdering someone, your insurance company needs to shell out for damages to the murder victims survivors. (OJ had to pay!)

This will be a first in the history of insurance. There's a good reason for not wanting to insure the risks of doing illegal things. Commercial insurance is considered to be something of a public service because it encourages entrepreneurs to take chances. I can start up a factory that makes some fancy high-tech shellac even though I haven't enough cash reserves to pay for the damages that would result from an explosion of the volatile compounds involved because I do have enough to pay for a year's worth of liability insurance. This is one of those rare cases where a cool-sounding social theory actually does work in practice. Insurance does make lots of innovation and entrepreneurship possible. If you insure the risks of financial loss associated with illegal activity you lower the hurdle of engaging in that risky behavior. Since illegal activity often entails the risk of incarceration, it may seem that the additional risk of having to pay for damages caused wouldn't count for much. If we're talking about crimes of passion neither risk seems to have much traction, but what about the crime of vandalism? If I hold a grudge against a retail store and throw a brick through their window I'd have to pay for the damages if caught, but if I shoot out the window with a .22 rifle my insurance company would have to pay.

Would this be covered: at my shellac factory I produce some waste as a by-product that's a nasty liquid full of numerous poisons. Out back, near the river, I've got a 55-gallon drum full of it. If I open the drum and pour the stuff in the river, and am seen, I'm going to be stuck paying millions in damages. My regular business insurance, which does cover accidental spills, isn't going to cover me because this was no accident - it was an intentional act. But if I stand outside the fence and shoot at the drum with my shotgun, thus causing the spill and pollution, my homeowner's policy (which includes gun coverage - or my "gun policy" if you want to have them done separately) will pay the millions?

How about this: I have a dispute with the guy next door to my shellac factory. He gets so upset with me that he decides, in a blind rage, to destroy my business by blowing up my factory. If, in this rage, he storms through my lobby and into the work area where he then lights a torch and throws it into my tank of volatile liquids, he'll have to pay damages. If, however, he instead creates the explosion by shooting holes in my high-pressure apparatus, his insurer is the one on the line. Now what if he's not so much in a rage but slightly more rational and calculating...

You could probably shoot some smallish holes in these scenarios, but I could come up with hundreds of them. I'm sympathetic to your ultimate goals, I think, but I suspect you're on the wrong track trying to achieve them. I see three potential public goods coming from your insurance idea. If I could find a better way to get all three satisfied would that make you happy?

1) Your idea will cause some underwriting to be done, thus effecting an exclusion of the riskiest gun-owners.
2) By increasing the cost of gun ownership for everyone you reduce the total gun trade.
3) You create a system whereby the victims of gun use would be compensated even if the perpetrator of the damages is not a millionaire.

Underwriting: insurance companies have no expertise in assessing this risk. They would have to guess at which data to collect and analyze in order to make discriminatory decisions. I'm sure they'd first look at criminal records but that's already done as part of the government's licensing routine, is it not? Perhaps they'd pull a credit report. It's hard to see a solid statistical correlation there, however. I know what they'd do: they'd red line. I can pull up a map online showing where in my city various types of crimes have been committed in the past year. Insurance companies could amass a data set like this that allows them to identify geographic areas where gun crimes are most frequent. They could then simply deny coverage to anyone living in that zone. We already know that black people are, on average, much more likely to be victims of gun crime than white people. Wanna' bet that this underwriting will end up being accused of being racist? So something different will have to be tried. Personality tests? What? How do you assess propensity to misuse guns?

If there are experts in assessing who is or is not dangerous in this regard, they're the US Secret Service; agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives; your average beat cop; and other law enforcement officials plus some (but certainly not all) mental health professionals. Since your gun plans include mandatory registration, it seems to me that any underwriting that could be done could be done better at that stage by experts whose only motive is crime prevention, than by insurance personnel whose main motive is profit-making. It's not that I deny the power of the profit motive. Quite the contrary. Do you what happens when people are rejected by underwriters working for standard insurance companies? They go to sub-standard carriers. If the market isn't outlawed, there's usually some insurance company willing to write the bad risks for a higher premium. No underwriting system is going to accomplish more than weed out those who, on average, present a risk that's maybe 50% to 100% more than normal. Sub-standard carriers will insure them for a premium that's 50% to 100% more than normal. Wouldn't you rather use law and regulation instead of insurance underwriting, so you can for sure exclude high-risk individuals?

Negative incentive: insurance premiums won't be high. As I have said, policies already cover negligence. Damages due to criminal activity are a tiny fraction of damages due to autos, and auto liability premiums aren't crazy high. Guns are already expensive; an extra $50 a year or something like that won't be all that effective. Why not just use the registration/licensing process plus taxing authority? Put a flat $500 tax on guns for each chamber; a six-shooter would be taxed three grand, a double-barreled shotgun $1000, and so on. Maybe vary the tax by caliber as well. Then put a $10 tax on each bullet. Add some crazy-high licensing fees and make it that licenses have to be renewed quarterly! Renewal must be done in person and you could arrange it so the process is worse than any Dept. of Motor Vehicles ever was. (Make sure all employees are members of SIEU.) Now we're talking disincentive, baby!

Indemnity pool: have those taxes and fees used to compensate victims of gun crime and misuse, and for other good and relevant purposes like gun safety training, non-violence promotion, and even the mental health intervention teams you had mentioned once in another thread. Insurance company profits just line the pockets of nasty capitalists; with my scheme you get to do all sorts of fun social engineering. ;-)

rickyp wrote:If you think insurance companies won't find an ingenious way to screen out the bad risks, you have less regard for the insurance industry than I.

Familiarity breeds contempt.
 

Post 05 Mar 2011, 7:15 am

danivon wrote:
Green Arrow wrote:There it is! RickyP hates Switzerland!
And you would like the part that goes alongside their policy - full male conscription and everyone afterwards is in the reserves?


YES!
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Post 05 Mar 2011, 4:34 pm

Minister X wrote:[nsurance companies don't report to any authorities the lapse or cancellation of auto policies. Not in the USA or anywhere else I'm familiar with.


Actually, here in Pennsylvania Insurance companies are required to report cancellation and/or lapse of auto insurance policies. If the insurance cancellation/lapse is more the 30 days long, all vehicles covered by that policy have their registration suspended for 90days and the owner is required to either return the license plates to the Commonwealth or sign a form (MV-141 if I recall correctly) acknowledging the suspension.
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Post 05 Mar 2011, 4:49 pm

Nowhere? Nowhere at all? America is so unique? Or you don't know anything else so assume it to be so?

Danivon has now purposely tried to bait me personally several times the last day or so.
Is America Unique in this aspect?
absolutely
go ahead and point to a country that is different instead of simply posting such nonsense trying to get a rise out of others.

To claim the UK is similar
hahaha, we had a second amendment in response to the way things were in Europe including the UK. Your gun laws are vastly more restrictive than ours, simply stating they are the same doesn't make it so now does it? And Canada is also much more restrictive as well (but yes they are at least somewhat close, but not the same by a long shot making the US ...unique)
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Post 08 Mar 2011, 4:12 pm

Green Arrow wrote:
danivon wrote:
Green Arrow wrote:There it is! RickyP hates Switzerland!
And you would like the part that goes alongside their policy - full male conscription and everyone afterwards is in the reserves?


YES!
Ah well, clearly when you said you were leaning libertarian, you have some areas of exception.

Tom - you know little but bluster much. The 2nd Amendment was (like other parts of the US constitution) was inspired by the English Bill of Rights of 1689 that also guaranteed the right to bear arms (but not for Catholics, seeing as we thought at the time they wanted to conquer us). Since those times the BoR has been eroded somewhat. But gun ownership was pretty widespread in the UK in the early 19thC. Over time we tightened the laws, but it's been a long process, often in reaction to major incidents.

Canada does have more restrictive laws, but it still has a high level of gun ownership. Lots of hunting, you see.

But hey, you believe in the uniqueness of America, and that nothing from outside can be compared to it. And you have a loose connection to being able to deal with statistics and stuff, so it would be a waste of our time to go into it further.