Explore The NRA Universe Of Websites

APPEARS IN News

California Mayor to Tax Law-abiding Gun Owners for the Actions of Criminals

Friday, August 30, 2019

California Mayor to Tax Law-abiding Gun Owners for the Actions of Criminals

This week, San Jose, Calif. Mayor Sam Liccardo took to the pages of the Washington Post to tout a plan to require law-abiding gun owners in his city to purchase firearms insurance. Under the Liccardo proposal, firearms owners would be required to purchase “coverage for accidental discharge of the gun, and for the intentional acts of third parties who steal, borrow, or otherwise acquire the gun.” If unable to acquire insurance, or as an alternative to purchasing insurance, the city would “require gun owners to pay a per-household fee to participate in a public compensation pool to eliminate the public cost -- a taxpayers subsidy -- of gun violence resulting from private ownership.” Further, Liccardo wants the city to explore “a measure that would impose a tax on all ammunition and firearm purchases.”

It is instructive that the Liccardo “fee” and “tax” proposals were presented alongside his “insurance” proposal. As a practical matter, all three proposals are an attempt to tax law-abiding gun owners out of exercising their constitutionally-protected rights.

Contrary to the fawning media coverage of Liccardo’s “insurance” proposal, it is not a “different” approach to gun control. The notion of weaponizing insurance to attack gun owners has been around for decades. In 1996, Simi Valley, California Police Chief Randy G. Adams proposed a plan to require all concealed carry permit holders to obtain $1 million worth of liability insurance as a prerequisite to licensure. In recent years, lawmakers in several states have proposed legislation requiring gun owners to obtain such insurance.

In pushing his new tax, Liccardo repeatedly compares mandatory firearms liability insurance to mandates requiring car insurance. Here, the mayor is comparing apples to oranges. The vast majority of harm resulting from the use of motor vehicles is the result of accidents. There are a small and decreasing number of accidents involving firearms each year. However, the vast majority of harm perpetrated with firearms is intentional.

Under Liccardo’s proposal, the “insurance” would be for the rare accident and “the intentional acts of third parties.” In other words, accidents and circumstances where a criminal steals a gun from a law-abiding gun owner and commits a criminal act.

Now compare this to car insurance. If a criminal were to break into a victim’s garage, steal their car, and then run over a pedestrian, who would be held responsible? Not the car’s owner or their insurance company. The responsibility would rest where it belongs, on the criminal. Would it be proper to force law-abiding car owners to underwrite the costs of all the potential criminal misuse of their vehicles if stolen? Or, does society properly understand that the criminal’s actions are their own and treat them accordingly?

In his commentary, Liccardo adopts a collectivist approach to the issue of violence perpetrated with firearms. The mayor claims that “taxpayers have subsidized gun ownership and the harms that accompany it.” In economic terms, Liccardo might argue that the mere private ownership of firearms has negative externalities. Under this thinking, when a person buys a firearm, they are not internalizing the full cost of their decision to exercise their rights.

This issue of externalities is often illustrated in the environmental context. For instance, a person who drives will purchase gasoline for their car. As the car is driven, it emits pollution into the air. Absent a specific tax on the gasoline or car, an economist might point out that the driver did not pay a price sufficient to reflect the cost their pollution imposes on the rest of society. This societal cost that the driver did not pay for would be a negative externality.

Private firearms ownership does not map onto this kind of thinking. The mere presence of a firearm in the home of a law-abiding gun owner imposes no societal cost. If a criminal breaks into the home, steals the firearm, and misuses it, then that criminal has created a cost to society. Society can attempt to exact the price of that harm from the criminal using the criminal and civil judicial systems. Under Liccardo’s collectivist thinking, the law-abiding gun owner who was the victim of theft is in some part guilty alongside the criminal who stole and misused the firearm.

While Liccardo has draped his proposals in flowery language, in reality this is just another unsophisticated attempt to price Americans out of gun ownership. Liccardo appeared to admit that his proposal is aimed at pricing young adults out of exercising their Second Amendment right. An article from an NPR affiliate stated,

Just like how car insurance is expensive for young drivers, Liccardo says, premiums could help ensure more of the cost falls on “folks who should not be getting access to guns” in the first place.

Such candor is unwise. The federal courts have not looked favorably on attempts to curb constitutional rights through targeted taxation.

The 1983 U.S. Supreme Court case Minneapolis Star and Tribune Co. v. Minnesota Com'r of Revenue addressed a discriminatory use tax on paper and ink consumed in publication. The Court determined that the tax was an unconstitutional attack on First Amendment rights. The Court explained that “A power to tax differentially, as opposed to a power to tax generally, gives a government a powerful weapon against the taxpayer selected.” Such a tax targeted at gun owners, even if disguised as an insurance requirement, would be a similarly suspect attack on Second Amendment rights.

Liccardo’s proposal is not without irony, as it comes at the same time there has been a push to restrict the types of insurance available to law-abiding gun owners. Anti-gun lawmakers in several jurisdictions have taken issue with insurance policies that protect law-abiding gun owners in the event they are forced to use a firearm in self-defense.

Last year, the CATO Institute pointed out one populous Northeastern state’s schizophrenia on this issue. Moreover, legislation has been introduced in California to restrict the types of insurance law-abiding gun owners may purchase.

Far from novel, Liccardo’s “insurance” proposal is just the latest attempt to place barriers between law-abiding Americans and their right to keep and bear arms.

IN THIS ARTICLE
California Tax
TRENDING NOW
NDAA 2026: A Win for Surplus Firearms Collectors and the Second Amendment

News  

Monday, December 15, 2025

NDAA 2026: A Win for Surplus Firearms Collectors and the Second Amendment

It is indeed that time of year. Time for the 65th annual National Defense Authorization Act (NDAA). This critical federal legislation specifies the budget and policies for the United States Department of Defense for the next fiscal year. 

SCOTUS Denies Cert in NRA-ILA Challenge to NFA Short-Barreled Rifle Restrictions

Monday, December 15, 2025

SCOTUS Denies Cert in NRA-ILA Challenge to NFA Short-Barreled Rifle Restrictions

The U.S. Supreme Court denied certiorari in Rush v. United States, a challenge to the National Firearms Act of 1934’s restrictions on short-barreled rifles.

NRA Files Amicus Brief Urging SCOTUS to Hear Case of Virginia CCW Holder Arrested While Traveling Through Maryland

Thursday, December 11, 2025

NRA Files Amicus Brief Urging SCOTUS to Hear Case of Virginia CCW Holder Arrested While Traveling Through Maryland

The National Rifle Association joined the Second Amendment Foundation, California Rifle & Pistol Association, Second Amendment Law Center, Minnesota Gun Owners Caucus, and Citizens Committee for the Right to Keep and Bear Arms in filing ...

ATF Proposes Helpful Reforms for Travel with NFA Items

News  

Monday, December 8, 2025

ATF Proposes Helpful Reforms for Travel with NFA Items

Until the National Firearms Act is a relic of the past, every little bit that makes it easier to navigate can surely help. In recent weeks, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) ...

Buckle Up, Friends: DOJ Opens New 2A Division, Promises “A Lot More Action” to Safeguard Rights

News  

Monday, December 15, 2025

Buckle Up, Friends: DOJ Opens New 2A Division, Promises “A Lot More Action” to Safeguard Rights

In a landmark accomplishment in furtherance of President Donald J. Trump’s Executive Order on the Second Amendment, the U.S. Department of Justice (DOJ) has announced the creation of a new section under its Civil Rights Division - ...

Just One More Step: Australia’s New Weapon Laws

News  

Monday, March 24, 2025

Just One More Step: Australia’s New Weapon Laws

Australia implemented a firearm ban and mandatory confiscation in 1996 pursuant to the National Firearms Agreement, in which nearly 700,000 privately-owned firearms were turned in to the government and destroyed. 

George Soros’s Open Society Funded Foreign Agents’ Lawsuits Against U.S. Gun Industry

News  

Monday, December 15, 2025

George Soros’s Open Society Funded Foreign Agents’ Lawsuits Against U.S. Gun Industry

Earlier this month, the Washington Free Beacon ran a piece titled, “‘Assault on Our Sovereignty’: How George Soros Funds Foreign Government Lawsuits Against American Gun Makers.”

Minnesota: Governor Walz Issues Two Gun Control Executive Orders

Tuesday, December 16, 2025

Minnesota: Governor Walz Issues Two Gun Control Executive Orders

With the holiday season upon us, former VP candidate Governor Tim Walz has once again proven his "Bah Humbug" stance on the Second Amendment. 

Third Circuit Grants Rehearing En Banc in NRA-Supported Challenge to New Jersey’s Carry Restrictions

Thursday, December 11, 2025

Third Circuit Grants Rehearing En Banc in NRA-Supported Challenge to New Jersey’s Carry Restrictions

Today, the Third Circuit Court of Appeals granted rehearing en banc in Siegel v. Platkin, an NRA-supported challenge to New Jersey’s carry restrictions.

UK Continues Perilous Slide into 1984 Territory

News  

Monday, December 8, 2025

UK Continues Perilous Slide into 1984 Territory

By now, many of you have probably heard about the British subject (we are not really sure they should be called citizens anymore) who, after visiting the United States and enjoying the firearm freedoms many ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.