Lawsuit challenges California city mandating gun owners to buy liability insurance

A gun-rights group is suing a Silicon Valley city after it passed an ordinance requiring gun owners to carry liability insurance, which may be the first of its kind in the country.

The National Association for Gun Rights (NFGR) and an individual plaintiff filed the lawsuit on Wednesday with the U.S. District Court for the Northern District of California, one day after the city council of San Jose, CA voted to approve the mandate. The plaintiffs argue the ordinance is unconstitutional by placing an undue financial burden on those wishing to express their Second Amendment rights.

“San Jose’s imposition of a tax, fee, or other arbitrary cost on gun ownership is intended to suppress gun ownership without furthering any government interest,” the lawsuit reads. “In fact, the penalties for nonpayment of the insurance and fees include seizure of the citizen’s gun. The Ordinance is, therefore, patently unconstitutional.”

The ordinance will require all legal gun owners to pay for liability insurance that covers losses or damages from the negligent or accidental use of their firearms, along with a $25 annual fee and any administrative fees. It will affect about 55,000 households in San Jose, but will not apply to law enforcement, current and retired, or those with a license to carry concealed weapons.

In addition, the owner of a lost or stolen firearm would still be considered liable until the theft or loss is reported to police.

In December, the San Jose Mercury News reported that Laurie Smith, the Sheriff of Santa Clara County was charged by a civil grand jury for seven counts of corruption and misconduct after being accused of engaging in a “pay-to-play” scheme where she allegedly traded approved state Concealed Carry Weapons permits for campaign donations, among other allegations.

The measure was after a shooting at a rail yard in San Jose last May that killed nine, including the shooter who killed himself after his rampage. NFGR promised then to sue if the mandate passed.

San Jose Mayor Sam Liccardo argued the liability insurance would encourage gun owners to have gun safes, install trigger locks and take gun safety classes.