Showing posts with label second amendment rights. Show all posts
Showing posts with label second amendment rights. Show all posts

Tuesday, January 8, 2013

"I fail to see ..."

" I fail to see how requiring gun owners to purchase liability insurance will reduce gun violence. Given the track record of the insurance industry in general it seems wishful thinking that they will serve the public interest in this case." 

 This comment, rather cynical and biased, reflects the narrowness, in-the-box, mind set that pervades the gun control debate. We need to break out of our personal ideological boxes and start thinking as a community about how we resolve the constitutional conflict we have created for ourselves regarding GUNS.

However, I would argue the insurance mandate would cut the cost of gun violence for the survivors and might serve as a deterrent to irresponsible gun ownership by exacting a real price for owning a particular type of gun under particular circumstances. It monetizes to right to gun ownership.

Right now, in the USA, only the governments have the responsibility to regulate guns. Their interests are, as we see daily, compromised by the political process and power of special interests at all levels. There is only one common rule for gun control recognized in the US. The "right" to bear arms. The responsibilities for that right are not uniform, non existent, and/or not enforced

The only way to control a special interest, in my experience, is with a countervailing special interest. It is the Ying/Yang of political power. There is no central interest in government to control weapons or how they are used. Good and bad arguments are made on both sides of the issue.

The insurance industry has but one interest -- to be profitable to its shareholders. It does this by taking on other peoples risks at a price. To be profitable, the price must be greater than the demand made upon the risk pool the insurance company has established to satisfy claims against its policies. The proposal I'm making is the same type of liability insurance currently mandated in many states for purchase, registration and operation of a motor vehicles.

If you want to own a vehicle and want use a motor vehicle in the state, you must register it. In order to register it you must prove that you have, in force, insurance that covers the other driver or victim in the event of an accident.The cost of insurance is part of your price of owning a car.

Insurance companies price of their insurance policies based on the history of the owner, the type of vehicle being insured, and the history of that class of vehicle, among other things.

The public policy issue of what to do for the victim when hit by an uninsured driver is addressed by the insurance mandate. This legally pins responsibility on the car owner."You are personally responsible for the damages caused by your car." Now, read "gun" in place of "car".

The administration of the law is done through the private section. And the cost of owning and the operating vehicle or gun comes out of your pocket. An incentive to buy the insurance is that the insurance can help you to control your costs or liability in the event of an accident. The premiums paid into the insurance company creates a pool of funds from which victims recover their losses, which is an incentive for the public and tax payers to support mandate And the insurance company owners are motivated to rationally assess their risks and policies and setting prices in order to make a profit.

It all comes down to the money and not the ideological excesses of pro- and con- fanatics and submissive political hacks.


See also: Man the Toolmaker or the Tool?

Sunday, January 6, 2013

A Primer to resources for The Gun Control/Gun Policy Debate



As concerned citizens with a strong moral sense, we need data and facts to apply to our moral reactions and judgments to life’s challenges. Being a good responsible citizen does not call for   us to simply to go with the flow, nor to ignore of tragic events in the lives of our fellow humans. As responsible adults we can not accept or ignore the evil in the world. Civil society expects us to use our experience to test and refine our faith and clarify our moral responsibility in the world. Gun violence and ownership in the United States is a moral issue.

The Bill of Rights makes clear that the first fundamental right from which all others follow is the 1st Amendment. 

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The 1st Amendment of the Bill of Rights insures the right to a redress of grievances. Current guns laws and their absence pose a genuine threat to the safety and security of the citizenry Today, however, it seems that the 2nd Amendment has become the challenger to the 1st Amendment We need to consider where the boundaries  are to be drawn between these two principles; and why “bearing arms” carries such a strong moral imperative for responsible gun ownership. .  It is time for Congress and the courts to clarify which of the rights has priority.

Regardless of your feels about the gun ownership, let us debate the issue based on a common set of objective facts. This Primer is presented as a resource for those who have a serious interest and commitment to working for solutions to the current and future problem poses by the unlimited access to guns.

Let us begin with the most basic of facts:

What does a gun and bullet do to the human body?
"No matter which side you take on the sale and use of firearms in this country, the fact remains that you will encounter the results of firearms injuries. This tutorial is designed to give you a working knowledge of the types of firearms, the types of ammunition used, the nature of injuries that can be produced in the body, and the investigative techniques employed by the forensic pathologist in assessing firearms injuries."

from:  the Firearms Tutorial University of Utah College of Medicine
http://library.med.utah.edu/WebPath/TUTORIAL/GUNS/GUNINTRO.html

What is irresponsible firearms use?

Here is an example:  Celebratory gunfire - often seen in the movies, holidays and weddings around the world    http://en.wikipedia.org/wiki/Celebratory_gunfire

What is the human cost of guns on American Society?
Here are some additional sources related to the issue of gun ownership and accidental and irresponsible gun use in the United States. The impact of gun deaths, injuries and accidents in context of the overall health care system can be found in the statistic from the Center for Disease Control and Prevention (CDC)

All Injuries
Mortality
All injury deaths
Number of deaths: 177,154
Deaths per 100,000 population: 57.7
Motor vehicle traffic deaths
Number of deaths: 34,485
Deaths per 100,000 population: 11.2
All poisoning deaths
Number of deaths: 41,592
Deaths per 100,000 population: 13.5
All firearm deaths
Number of deaths: 31,347
Deaths per 100,000 population: 10.2
Source:
http://www.cdc.gov/nchs/fastats/injury.htm

Assault or Homicide
Mortality
All homicides
Number of deaths: 16,799
Deaths per 100,000 population: 5.5
Cause of death rank: 15
Firearm homicides
Number of deaths: 11,493
Deaths per 100,000 population: 3.7
Source:
http://www.cdc.gov/nchs/fastats/homicide.htm

Suicide and Self-Inflicted Injury
Mortality
All suicides
Number of deaths: 36,909
Deaths per 100,000 population: 12.0
Cause of death rank: 10
Firearm suicides
Number of deaths: 18,735
Deaths per 100,000 population: 6.1
Suffocation suicides
Number of deaths: 9,000
Deaths per 100,000 population: 2.9
Poisoning suicides
Number of deaths: 6,398
Deaths per 100,000 population: 2.1
Source:
http://www.cdc.gov/nchs/fastats/suicide.htm

Do your own search for cause of death and by ages 0 - 65+ go to
The National Center for Injury Control and Prevention
WISQARS Leading Causes of Death Reports, National and Regional, 1999 - 2010
http://webappa.cdc.gov/sasweb/ncipc/leadcaus10_us.html

Where is gun violence to be found?
The geography of gun violence in the USA
The Atlantic Maps
The Geography of U.S. Gun Violence
by Richard Florida Dec 14, 2012 148 Comments
http://www.theatlanticcities.com/neighborhoods/2012/12/geography-us-gun-violence/4171/

What is the financial cost of firearms death to individuals and society?
From an insurance point of view
THE COST OF FIREARM DEATHS IN THE UNITED STATES REDUCED LIFE EXPECTANCIES AND INCREASED INSURANCE COSTS
Jean Lemaire
Source: The Journal of Risk and Insurance, 2005, Vol. 72, No. 3, 359-374
http://www.fox.temple.edu/cms/wp-content/uploads/2012/06/JeanLemaire.pdf
 
 What are your local gun laws?
 The source is the NRA itself check this link  http://www.nraila.org/gun-laws.aspx


What is the impact of gun laws and ownership on criminal and public safety?
For specific Administration statistics check out the following for the most recent data:

The firearms industry as presented by the ATF Department of Justice
http://www.atf.gov/firearms/industry/ (Firearms page)

FBI Crime statistics
http://www.fbi.gov/stats-services/crimestats (Crime statistics page search results)
What is the police response to school violence involving guns?
Prevention and Response to School Violence  from the International Association of Chiefs of Police

What do school official say about gun violence in schools?
“Preventing Gun Violence in Public Schools” from National Association of Secondary School Principles
http://www.nassp.org/Content.aspx?topic=55496

Who are the main lobbying organizations supporting the 2nd Amendment and gun ownership?
Here are the links to several gun lobby groups

http://www.amfire.com/ American Firearms (Home page - retailers)

http://www.nraila.org/ (NRA) National Rifle Association (Home Page)

http://jpfo.org/ (JPFO) Jews for the preservation of Firearms Ownership (Home Page)

Here is the most ironic in light of Sandy Hook
http://www.nssf.org/ (NSSF) the National Shooting Sports Foundation (Home page)
National Shooting Sports Foundation
Flintlock Ridge Office Center
1. Mile Hill Road
Newtown, CT 06470-2359

http://gunowners.org/protect.htm (GOA) Gun Owners of America (Home page)

Read about the Rhode Island Connection to the founding of the NRA
The NRA was founded after our civil war.  http://en.wikipedia.org/wiki/National_Rifle_Association.
 
Sources for further information
To monitor many news sources and congressional action check out:

The Orator Network
http://www.theorator.com/index.html
There are plenty of articles and commentaries available through a Google, Bing, or Yahoo search but you may be interested in the statistical data, the actions of congress, and the statements from the industry. The above is offered to assist you in your research.

You are invited to add to the list.


 Americans for Responsible Solutions   Gabby Gifford initiative on Gun Control
 http://www.usatoday.com/story/opinion/2013/01/07/gabby-giffords-mark-kelly-tucson-shooting-gun-control/1816383/

Carrying Laws 
http://www.usacarry.com/rhode_island_concealed_carry_permit_information.html


 Keeping Score:
How Many People Have Been Killed by Guns Since Newtown?
http://www.slate.com/articles/news_and_politics/crime/2012/12/gun_death_tally_every_american_gun_death_since_newtown_sandy_hook_shooting.html

 January 2013
http://www.wsoctv.com/news/news/local/cmpd-committed-prevent-gun-violence-2013/nTsDR/
http://news.yahoo.com/blogs/lookout/high-school-shooting-taft-california-183012601.html
 

Saturday, December 22, 2012

Promoting change in America's Gun Culture

While the nation is still absorbing the shock and grief of the Sandy Hook massacre in  Newtown, CT, there are many offering the solutions to the problem of gun violence. "Stop the culture of violence", "screen the population for mental illness", "re-institute legal prohibitions on certain types of guns and ammunition", "arm the good guys and put them in the schools", are among the policies being suggested.

It is time for us to seriously consider the realistic causes and effects of gun violence. At the same time. we need to be carefull that we don't allow politics to distract us into building a welfare system for the special interests that are simply looking for a problem to buy or fund their prepackaged solution.

For example, NRA Executive Vice President Director, Wayne La Pierre,who  proposes to protect the children with armed guards in all of the nation's schools. This is a very naive proposal and self serving solution. What will be the add to the cost, psychological and financial of placing armed guards in schools that already the current underfunded in the poorest districts? And what will be increase the profits of the gun manufacturers and NRA?

 We also need to be careful that the solutions being proposed don't blinded us to the broader, long term consequences of gun violence. These are the costs that leave the victims and society to pick up the costs inflicted by the availability and right to use of a gun. The problem is the way our culture values the Gun and the Right to own a Gun. We must not lose sight of the fact that focus must be on Gun and gun ownership.

The problem as Bob Costas observed, is 'Availability of guns makes mayhem easier'

How do we change our Gun Ownership Culture?

 I had a friend in graduate school, Margie, who after completing her MA in anthropology went on s to earn an MBA in accounting. One night at our local applied anthropology group, we were discussing the problem of promoting culture change in the communities where several of us were working in OEO community Action programs. Maggie raised a critical point, based on her MBA perspective, about how culture change can be facilitated by accounting. It has been something that has stuck with me for a half century.

 "In a modern society, if you want to really change a culture, then change the accounting rules," she advised.

By this she meant "by changing the accounting rules for identifying assets and liabilities. you can.change an asset into a liability and a liability into an asset." This then changes the way we look at things. We do this all the time when we create legislation that favors one interest over another.

For too long we have emphasized the asset side of the right, allegedly, enshrined in the 2nd Amendment. We have ignored or downplayed the liability side. We need to change our thinking about the Gun and the liability one assumes by choosing to own one.
  
Managing Our Gun Culture:

First, we must allow that we can control (i.e. manage) guns in our culture without taking away the individual right implied by the 2nd Amendment. This is necessary if we are to engage in a real debate and not the usual pointless partisan bickering.

Second, we must attach a real price to the responsibility of exercising one's right of ownership.  The gun owner must be held accountable for any and all liabilities arising from gun ownership. We can legislate this without challenging the 2nd Amendment by establishing the explicit principle that to own a firearm also to assume all of the liabilities that arise from such ownership.

Under such legislation, ownership would carry an implied consent to accept all the liabilities of ownership and the responsibility for the costs associated with the ownership. These liabilities would be attached to each specific gun owned regardless of who or why it is used. That is, the owner bears all risks associated with the status as owner of the gun.

Ownership and liability begin at the moment that gun becomes operational either through manufacture or importation. The gun must be registered and the ownership declared.at that moment.on takes control of the gun. The liability can only be transferred through a recorded sale or registered barter transfer of ownership with the proper authorities.

The gun owner's right ownership is not "infringed" by such legislation. But. it places responsibility for the gun on the gun owner and is priced based on the risk of a specific person and the gun owned. The owner retains the right to chose whether to buy a gun and what type of gun he/she will own. Under such legislation the risk associated with buying the gun would be market driven and the price of insurance or risk of not getting insurance would represent the full price of ownership.

Incentive for insurance

Such legislation would create an incentive for the insurance industry to create and offer insurance products to protect the owner against the liability that the risk of owning the gun. The Insurance industry would have an incentive to price their policies based on criteria similar to those they use for life and automobile insurance, e.g. the individual's physical and mental history and condition, and background (just like life insurance) and the lethality of the gun, its capacity ( clips and bullets), and proposed use (e.g, collection, sport, self defense, occupational, etc.).

The insurance premiums generated would create a pool of funds to compensate the victims resulting from any misuse of that specific gun. There are an estimated 300 million guns in the United States. Insuring these should be very profitable for the insurance companies.

Need for information

Right now, Does anyone know what the total cost in dollars (this is what a court would consider if it rendered a verdict on a private reckless endangerment law suite) for the victims (families, school, students, community, etc.) including the burial, mental health service, public health and security services, etc. generated by owner of those guns used at Sandy Hook?

The insurance company is the logical private sector data collector. They can demand that their clients provide the information that their actuaries would need to compute the risks and to price of policies. Meanwhile, the public authorities would have the authority to demand aggregated data on gun ownership and use they require to oversee the public policy related to gun regulation. For specific individual data from the insurer, the authorities would be required to obtain a court order before the information could be released to the authorities. This would create a solution solve a major problem in the collection of data and protecting personal privacy.

This is a private sector solution to control guns which employs the concept Maggie shared with us that night for bringing about culture change in a modern urban society.