California city facing gun-rights group's lawsuit over liability-insurance requirement

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A gun-rights group is suing the city of San Jose, California in response to the city’s new ordinance mandating that gun owners in the city carry liability insurance and pay an annual fee. 

The National Association for Gun Rights, along with gun owner and city resident Mark Sikes, sued San Jose in federal court Tuesday after City Council members voted to approve the ordinance.

San Jose Mayor Sam Liccardo stops to view a makeshift memorial for rail yard shooting victims outside City Hall, May 27, 2021. (Associated Press)

‘Insane’ regulation

Speaking at a news conference outside City Hall on Wednesday morning, gun-rights group President Dudley Brown called the ordinance "America’s most insane" gun control regulation. 

"Where else could it happen but California?" Brown asked. "This is astounding at a time when citizens are worried about safety. They’re threatened in their own homes [and] law enforcement feels hampered by the responses, and crime is on the rise. So, what’s the response of the San Jose City Council? It’s to tax and regulate its citizens just for exercising their constitutionally guaranteed right." 

"Crime is on the rise. So, what’s the response of the San Jose City Council? It’s to tax and regulate its citizens."

— Dudley Brown, National Association for Gun Rights

Harmeet Dhillon, an attorney representing the plaintiffs, called the ordinance "unconstitutional." 

"The law compels people to purchase insurance that doesn't necessarily exist and that demonstrates that this law is not a good-faith attempt to do anything other than ban or burden the lawful possession of guns," she said. 

"The law compels people to purchase insurance that doesn't necessarily exist and that demonstrates that this law is not a good faith attempt to do anything other than ban or burden the lawful possession of guns."

— Harmeet Dhillon, plaintiffs' attorney

Harmeet Dhillon, plaintiffs' attorney.

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She also said the law also infringes on the First Amendment by compelling gun owners to pay an annual fee to a not-yet-formed nonprofit that could promote a message they don't agree with. 

"The Ordinance even prohibits the city from directing how the non-profit would use the funds. The one thing that is clear is that the organization will likely be dedicated to exclusively preaching the negative risks of gun ownership," the lawsuit says. 

San Jose Mayor Sam Liccardo speaks during a news conference honoring nine people killed by a coworker in San Jose, California. (Associated Press)

The San Jose City Council held a final vote Tuesday to formally adopt an ordinance it previously passed requiring gun owners in the city to carry the insurance and pay a fee, The Associated Press reported. The previous vote was held June 30.

"The proposals include two requirements for gun owners that no city or state in the U.S. has ever implemented: the purchase of liability insurance and the payment of annual fees to fund violence-reduction initiatives," San Jose Mayor Sam Liccardo wrote in an op-ed in the Los Angeles Times last week. 

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Litigation expected

The mayor also predicted an ensuing legal storm from pro-gun advocates.

"Why should any city subject itself to litigation? Because now-common horrific reports of shootings throughout the nation do little more than elicit a performative parade of prayers and platitudes from Congress. Because problem-solving must be elevated over political posturing," he added.

Liccardo said that having liability insurance would encourage people in the 55,000 households in San Jose who legally own at least one registered gun to have gun safes, install trigger locks and take gun safety classes.

San Jose Mayor Sam Liccardo speaks at a press conference in December 2021.  (San Jose Mayor's Office)

The liability insurance would cover losses or damages resulting from any accidental use of the firearm, including death, injury or property damage, according to the ordinance. If a gun is stolen or lost, the owner of the firearm would be considered liable until the theft or loss is reported to authorities. 

However, gun owners who don't have insurance won't lose their guns or face any criminal charges, the mayor said.

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Fox News has reached out to the mayor’s office and city council for additional comment. 

Fox News' Lawrence Richard and The Associated Press contributed to this report.