A law was recently passed establishing regulations for the carrying of firearms in public in New York City. This law restricts who is eligible to carry firearms in public, establishes a list of places where people may not carry firearms, even with a permit, and requires those with a public carry permit to maintain liability insurance.
What motivated the creation of this law?
The passage of the new firearms safety law was prompted by the recent U.S. Supreme Court decision in the case of New York State Rifle & Pistol Association v. Bruen. In this case, the Supreme Court ruled that New York’s law requiring a person to show adequate cause or special need to obtain a concealed carry license was unconstitutional. Although the decision only had a direct effect in New York, many states with similar “may be granted” laws began making changes to their laws in anticipation of similar legal challenges. A-4769/S-3214 is New Jersey’s attempt to do just that.
What are the insurance requirements?
Any citizen carrying a firearm in public in the state must maintain liability insurance of at least $300,000. This covers any loss, bodily injury, death, and property damage resulting from the ownership, maintenance, operation, or use of a firearm carried in public.
How is the state enforcing insurance requirements?
To comprehensively monitor compliance with A-4769/S-3214, firearm permit applicants must provide proof of liability insurance coverage and ensure that they will maintain insurance coverage for the duration of the permit.
The chief law enforcement officer or superintendent of State Police shall verify liability insurance before issuing a permit to carry a firearm.
Where can liability coverage be found?
A homeowners policy is the most common place to find liability coverage. The standard HO-3 policy developed by the Insurance Services Office should provide coverage for situations covered by the law.
Standard HO policies cover legal liability damages when the policy states the following:
“Standard HO policies cover legal liability damages when the policy explicitly states that it covers legal liability damages in the event of a claim or lawsuit against the insured for bodily injury or property damage caused by a specific event covered by the policy. This means that if a third-party file a claim or lawsuit against the insured for damages that occurred during an event covered by the policy, the insurer will pay for the damages for which the insured is legally liable and provide a defense at the insured’s expense by an attorney of the insured’s choice. The insurer’s limit of liability will depend on what is stipulated in the policy.”
It only remains to be seen how the new New York law will be implemented and enforced, and whether this will set a precedent for future firearms regulations in other states.
If you have any questions about this new firearms liability insurance or other concerns, please feel free to consult Rondon Brokerage.
