San Jose Council to Vote on Mandatory Gun Insurance, Annual Gun Fee

San Jose Council to Vote on Mandatory Gun Insurance, Annual Gun Fee (Dave Workman)

U.S.A.-(AmmoLand.com)- Writing in the Los Angeles Times, San Jose, Calif., Mayor Sam Liccardo is reminding Californians the San Jose City Council is scheduled to vote Jan. 25 on two proposals he offered last summer that are sure to raise hackles, mandatory liability insurance and “the payment of annual fees to fund violence-reduction initiatives.”

“We anticipate that a barrage of lawsuits from the firearm industry and gun rights advocates will follow,” Liccardo admits in his second paragraph.

Liccardo, a Democrat, says San Jose has 1 million residents. Last year, according to KRON News, there were 31 “confirmed homicides” in the city.

San Jose Mayor Sam Liccardo wants to force gun owners in the city to pay for crimes they didn’t commit. (Screen snip, YouTube, BSR)

Up the coast several hundred miles, Portland, Oregon with a population of 656,000, reported a record-breaking 90 slayings in 2021, according to Willamette Week, yet nobody there is proposing an insurance mandate, at least not yet.

And farther north, Seattle, Washington reported 43 homicides last year, according to Seattle Homicides, with a population of 724,305.

“Requiring every gun owner in my city to carry liability insurance will better compensate unintentional shooting victims and their families for medical and related expenses,” Liccardo reasons in his Op-ed. “Imposing a modest annual fee on gun owners can support underfunded domestic violence and suicide prevention programs, gun-safety classes, mental health services and addiction intervention.”

It is not clear how much the fee will be, but Liccardo appears to be setting up the city for an expensive future in court, and not just in state courts, but in the federal court, since his plan may constitute placing a tax on the exercise of a constitutionally-protected fundamental right.

Also, the liability insurance mandate may face legal challenges as well.

“To be sure,” Liccardo says with some condescension, “the 2nd Amendment protects the rights of citizens to own guns, but it doesn’t require the public to subsidize gun ownership.”

Nowhere in the Second Amendment does it say people who do not commit crimes must be held financially responsible for the criminal acts of others, either. Last summer, Liccardo told the San Jose Mercury News, “We need a mechanism that will both compensate injured victims and take some of the burden off of taxpayers.”

But the question remains: Why should law-abiding gun owners be financially penalized for crimes they didn’t commit?

Deep in the 791-word Op-ed, Liccardo acknowledges, “Critics say that criminals won’t obey insurance or fee mandates — and they are right. But these ordinances create a legal mandate that gives police the means for at least the temporary forfeiture of guns from dangerous law-breakers.”

“Dangerous law-breakers” are routinely disarmed anyway, under existing statute, but critics of Liccardo’s gun control scheme could point to any number of individuals who quickly re-arm once they bail out of jail. At least the mayor also admits, “These new laws won’t end all gun violence.”

This has become the standard operating caveat of any recent gun control crusade: “It won’t solve all of the problems.” Gun rights activists contend it won’t solve any of the problems.

As reported last summer by KNTV News, San Jose Police Chief Anthony Mata explained, “During our normal course of duty, if we come across a firearm we will ask the owner if they have insurance. We are not going to go door to door inspecting guns to see if they have insurance.”

The report noted at least one person speaking at a hearing on the matter said mandatory liability insurance “puts a financial burden on a constitutional right.” Translation: Liccardo’s plan penalizes the wrong people.

When the San Jose Mercury News covered the issue back in July 2021, the newspaper noted, “Failure to comply with the ordinance would constitute a civil violation rather than a criminal offense.” However, police officers could confiscate firearms from people who cannot provide proof of insurance, and they could be fined. Furthermore, according to the newspaper, “Refusal to hand over firearms upon a request from police could result in a misdemeanor charge.”

This all began back in 2019 following the shooting at the Gilroy Garlic Festival. But that crime, which took three lives, was committed by Santino William Legan, 19, who bought the gun legally in Fallon, Nevada. The gun, a variation of the AK-47, is prohibited in California, but that didn’t prevent the killer from travelling across the border to launch his deadly attack.

Liccardo wraps up his Op-Ed admitting “these laws are no panacea.”

The measures will, if adopted as anticipated, almost certainly be challenged in court.


About Dave Workman

Dave Workman is a senior editor at TheGunMag.com and Liberty Park Press, author of multiple books on the Right to Keep & Bear Arms, and formerly an NRA-certified firearms instructor.

Dave Workman

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DDS

This is the drunk searching for his keys under a streetlight because the light is better than in the dark alley where he dropped them. There are law abiding gun owners and criminal gun owners. The city is proposing to change the behavior of the latter by regulating the behavior of the former. Part of the reason behind that is that they can’t really regulate any aspect of the behavior of a felon in possession other than arrest and incarceration which is hard and/or expensive. See Haynes v United States (1968) https://en.wikipedia.org/wiki/Haynes_v._United_States You simply cannot require a felon in possession… Read more »

Chuck

Yeah, I don’t see this passing legally. Not even with the Ninth Circuit Court. Any fee towards ownership of a Constitutionally protect right shouldn’t pass muster, as it’s discriminatory right up front.

gregs

as soon as this “law” is passed, both requirements should be, maybe will be, challenged, using the 14th Amendment, section 1, which states, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” you cannot force some to pay a fee/tax and not others, that is discrimination. you cannot take someone’s property if they don’t pay an unconstitutional… Read more »

Wild Bill

What do you suppose that “… privileges or immunities …” means?

TStheDeplorable

Liberals in California decide to go after gun owners by requiring insurance.

Liberals in Washington state decide to go after gun owners by banning insurance.

I wish they’d make up their minds.

Finnky

Not to worry. They will converge to mutually agreeable (to them) compromise. (1) You will be required to have ‘gun insurance’ in order to own or possess a gun. Including own so they can prevent their residents from owning a firearm which they store in a free state. (2) ‘Gun insurance’ will be banned.

They will be thrilled by sneaking in their version of catch-22.

Only criminals will have guns. There will be far more criminals and majority of the new criminals will be far more rational, skilled and angry than the old run of the mill criminals.

DDS

“Liberals in” {fill in the blank} “go after gun owners.”

That’s all anyone needs to know.

musicman44mag

HERE WE GO AGAIN!!!!
It starts with one town, moves to the complete county, moves to more counties and then is expanded to the entire state then after kommiefornia sets the precedence or in our case OreGONE and safe gun storage, the rest of the blue states start to follow suit and then DC starts putting in bills to make it federal law.

Think RED FLAG laws.

OreGONE where you are responsible for what your gun does after it is stolen for three years because we all know it is the guns fault and not the shooter.

Rock

NFW !

Wild Bill

Agreed, they can not tax the exercise of a Right. Where do they think they get that power?

Wild Bill

I just read your article in the March issue of Guns magazine warning us about the covert danger of the National Democratic Training Committee! Very informative.
We Second Amendment people better take notice and get our boots in gear. Terrific article.

Boris Badenov

I find it’s interesting that we have so many Leftist/Commie-suck ups here, giving negative votes, on a perfectly truthful comment.

Wild Bill

It has nothing to do with truthful comments. I guess, that some gentlemen, here, have decided not to put up with insults and ridicule. That is what the down votes are about. I could be wrong.

Russn8r

More Projection. You, your pals & sock puppets are the kings of insults, ridicule & downvotes. You troll me, and when someone notes a righteous comment of mine is downvoted, you claim it’s because I’m “churlish”, when you know you’re doing it because of my POV. You do the same thing to JSNMGC, Patriot Solutions & others. Clearly to discredit the message & drive us away.

Wild Bill

Last week it was Tex’s group. The week before it was Will. Who is after me?

Russn8r

Don’t be coy.

Wild Bill

Don’t be insulting.

Russn8r

More projection from the king of insults.

musicman44mag

TO ALL THE PEOPOLE ON THE BOARD. How about we grow some balls/girls included, and take criticism with a grain of salt, not be critical of other viewpoints and if you disagree, be respectful of each other and just agree to disagree and grow the topic or move on when we realize neither is going to change their point of view. I would give some examples of others I have shared that experience with, but I have found that it has offended some so I refrain. I have also been on the end of defending myself against foul mouth low… Read more »

Russn8r

How about you take your own medicine and apologize for your snippy double standard comment above?

musicman44mag

Snippy double standard comment. Was it referring to the left as idiots? Was it referring to foul mouthed low IQ posters on the board?
I find question in why you are insulted in what I said. Are you the left?

Russn8r

Pffff. You know the comment I refer to. Spoken in the true mindset of a decent person that automatically respects others.” Right after he insulted & defamed me, as he’s done many other times. Then you address your “to everyone” post in a reply to me, not in a new post. Have you ever taken WB or Oldman to task for trolling me, JSNMCG and others? No. Or WB’s pal TEX/Will/FordWILL, the foulest mouth here? No.

musicman44mag

Well, I don’t know what Pffff is and i really don’t care. The reason I said to everyone was because it was going to be the last post on the board, that is also the reason I put it in caps to get others attention. There was no insult intended for anyone unless you are a leftist POS and don’t support the 2nd amendment and I mean all of it not just your hunting rifle. I have been insulted by some of the others you have listed here and besides one individual that I no longer see on the board… Read more »

Russn8r

Thanks. I have apologized on this board, and will to you now for taking it the wrong way.

Wild Bill

Respectfully, I appreciate your efforts.

musicman44mag

No problem. We have a lot more important things to fight over and one of them is stopping this ridicules gun grab and all the new stoppages they are trying to put in play like gun insurance, a safe to all your guns in with locks on them when you are at home because you can no longer have a gun sitting on the nightstand, carry permits will not be allowed if the governor delares a state of emergency etc. All these new gun free zone laws that upgrade from the officer to asking you to leave if you didn’t… Read more »

Wild Bill

Yes, insult, scorn, and reproach do not help the unity of Second Amendment supporters in this time when so many are trying to destroy our Rights. I’ll try to do better.

Russn8r

I’m again willing to offer a truce, but I will continue to defend myself from you & your pals’ attacks if you continue them. I’m not into turning the other cheek, let alone spreading it.

Wild Bill

I think that we are all individuals here. I can not accept on anyone’s behalf. Perhaps you could talk to them, too.

Russn8r

Perhaps you could stop pretending you never saw WillTEX’s foul posts & complimented him right next to them.

Wild Bill

Respectfully, I don’t see how that comment gets us any closer.

musicman44mag

We all defend ourselves and our honor when threatened or sometimes enticed. What we need is to find common ground so we have something to defend together. Unity brings strength. If you question what I say, take a close look a the demonrats. They are a perfect example. Even if it is morally wrong, even if it is dumb, stupid, insane and makes no sense at all, they all will stand together and support it. That has been our problem because Republicans tend to take a moral stance first and that is why I thought President Trump wouldn’t make it.… Read more »

musicman44mag

Love all the up votes. Take care WB.

musicman44mag

Oh boy, four down votes. I am so upset!!! NOT!!!!
Hope you don’t find my comment an addition of insults.

OreGONE

musicman44mag

Thanks for that insight. Yes you are right I have only been here a couple of years I think and I think it all started with signing up for a gun contest. Maybe not but it doesn’t matter because I like Ammoland and what it represents. Since I try not to judge and rate each comment based on it’s own merit regardless of who posts it, I am sure that I have made a few people that may like me and I know I have made a few that hate me but that’s life. I am not going to change… Read more »

Wild Bill

I’m thinking that is no justification for insult.

Russn8r

Then you should stop trolling and insulting people and trying to drive them off to bury their POV.

Vince

Criminals will not pay so what is the point? Sue the city for billions.

Russn8r

Why not? Republicans are too nice. This is a war. Take the offensive. The best revenge is not living well, it’s making the other sorry son of a bitch live poor.

Arny

Let’s see how many LEOs get shot in the face for trying to steal someone’s property. LEOs best get some good life Ins. And let the judges get themselves some Ins for the repeat offenders they turn lose. lol

nrringlee

OK, at the outset acknowledge on fundamental truth about the Progressive and New Left Progressive movements. In their view you have no rights beyond that which is granted you by the American Royalty, the political elites. Acknowledge that truth and you can now understand how and why the progressives can employ these Jim Crow style unreasonable infringements on your natural rights. They don’t acknowledge your natural rights nor do they consider your life and that of your family worth defending. And those of us who value life because all life comes from Divine Authority and not earthly authority are at… Read more »

USMC0351Grunt

Liccardo, you are one dumb son of a bitch. Keep your greasy hands off the people’s money and start hanging the sons of bitches that commit the crimes and leave the damn guns alone. And if the citizens of San Jose are not in a total uproar over this then piss on them and piss on their rights they waived them by their inactivity and apathy! America it’s time to pull your head out of your ass and start fighting for your rights and dumping these deadbeat legislators and politicians out of office immediately instead of waiting to vote them… Read more »

Boris Badenov

San Jose, under Liccardo, is almost the same cesspool that Newsom made in San Francisco and is making in the State. Liccardo has dreams of becoming governor, THEN Kommieforniastan will have a straight shot to #1, #1 crappiest state ever, it’ll have some tough competition but I’ve got faith that the Dims can pull it off. Nuisance is setting the stage with the BS of single payer and jacking up taxes. Kommieforniastan is a single party state, thanks to the gutless GOP. There are a few sane areas but when you have insanity in Sack-0-Tomatoes all you can do is… Read more »

Arizona

“Refusal to hand over firearms upon a request from police could result in a misdemeanor charge.” So, refusal to be robbed is considered a misdemeanor.

Arizona

It’ll be blasted out by the courts before next year. You cannot tax a right, and requiring insurance to exercise your right is the same as a poll tax. Not a single person should comply. Anyone who does is a slave.

Russn8r

That’s right. “Forget it, Jake, it’s Calizuela.”

Russn8r

Soilent Green is people! It’s people!

Oldman

Obviously you are not old enough to have been in Vietnam and and now a retired Seattle Police Detective or you would know how to spell ‘Soylent Green’. In the movie people were sold and killed to become food for the upper class. (Tyrants to you?)

Russn8r

Do I give a Pf-ck how it’s spelled? F-All to do with Vietnam, SPD or the rest of your legend, Agent

Last edited 4 months ago by Russn8r
Oldman

Ya see? Most people on this Forum having enough age to have been in Vietnam, would be old and mature enough to talk to people with some modicum of ‘normal’. They learned long ago that to get respect, you must show respect. I guess you need some aging, Right, Junior? KMA

Russn8r

More projection from Agent Oldman, spelling nazi.

Last edited 4 months ago by Russn8r
musicman44mag

Spoken in the true mindset of a decent person that automatically respects others. I too was taught you give respect, and you get respect. When working for DMV in kommifornia calizuela everyone thought that respect is something that is earned. I could not figure out why I had so much disagreement with my philosophy. Now I know it was because they were democrats.

OreGONE

Russn8r

Trolling, harping on spelling, lame insults about basements are the true mindset of a decent person that automatically respects others. Noted.

musicman44mag

I don’t know what trolling is so you got me there. Harping on spelling, we have spell check and it is pretty easy to use and if I have a problem I use google and ask it for a definition because it makes it easier to read and understand when written properly. I also use it for all these acronym’s I have never heard of because I am deluged on a daily basis by people who don’t know the meaning of the acronym. Like BLM, used to mean bureau of land management to me, DHS used to be department of… Read more »

Wild Bill

I negated his down vote and got you back to even.

musicman44mag

Lol, it looks like there are more people that like descension rather than unification by all the down votes I have right now. Too bad. We can all change things one thing at a time but if you don’t try, it will never change. It’s a shame for me because I enjoy reading the different comments, some of the suggestions regarding where I can get things and others comments trying to change my opinion or at least showing me a different side of things to give me more to review for a better-informed opinion. I might miss something good that… Read more »

Wild Bill

He can not spell Russian, either.

Russn8r

Yeah, you got me, Agent.

Boris Badenov

I remember them going to the movies to die, then turned into yummy Soylent Green.

Wild Bill

I read that book. Mind bending scary. The CCP is already organ harvesting. “The State” making Soylent green can not be far behind. Another reason to stay armed up.
We in the country will be reading Granny Clampet’s possum roast cookbook.

Boris Badenov

They are working on it. The dims are working hard to force people, tax payers, out of the state, they think that Big Tech, the ones with the deep pockets will stay no matter what…well, they are businesses and they don’t like losing money. Apple has already laid the ground to move, they have another headquarters in Texas, how much would it take for them to say “toodles” and how many tax paying jobs and property taxes leave. Then the race to Venezuela del Norte speeds up.

Russn8r

Which will be used by “background check” fans to create more prohibited persons. Remember kids, Enforce existing gun laws!

Arizona

Politicians pick and choose which laws they feel like following. Their behavior sets a standard for citizens to emulate, and passing dumb laws that will be nullified and thrown out by the courts only accelerates the rate the general public decides to ignore any laws they don’t like.

Last edited 4 months ago by Arizona
Russn8r

Covid tyranny, ATFBI/Deep State abuse, accelerating election fraud coups, donut munchers watching cities burn while treating harmless unarmed “insurrectionists” like terrorists etc — all that accelerated contempt for “law” & “order” by the excessively authority-worshiping Republican side. Thank God. Long overdue.

Last edited 4 months ago by Russn8r
Arizona

No insurance company will offer such insurance, covering illegal murders and other crimes, so this idiot is demanding citizens purchase an impossibility. Beyond that, actual murderers won’t comply, and no one should comply, as it is blatantly unconstitutional. He can shove the bill right up his azz.

swmft

better shove an rpg up his ass and fire it