Gun advocacy group sues California city over liability law

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“The law is unconstitutional,” said Harmeet Dhillon, a lawyer representing the plaintiffs, on Wednesday. “The law requires people to carry insurance that does not necessarily exist and demonstrates that this law is not a good faith attempt to do anything other than prohibit or enforce the lawful possession of firearms. fire.”

The San Jose City Council overwhelmingly approved the measure despite opposition from gun owners who said it would violate their Second Amendment rights.

Dhillon said the law also violates the First Amendment by requiring gun owners to pay annual dues to an unformed nonprofit organization that may promote a message with which they disagree.

“The ordinance even prohibits the city from directing how the nonprofit organization would use the funds. The only thing that is clear is that the organization will likely focus exclusively on preaching the negative risks of the possession of firearms,” the lawsuit states.

San Jose Mayor Sam Liccardo said having liability insurance would encourage residents of San Jose’s 55,000 homes who legally own at least one registered firearm to have gun safes. firearms, installing trigger locks and taking firearms safety courses.

Liability insurance would cover loss or damage resulting from any accidental use of the firearm, including death, injury or property damage, according to the order. If a firearm is stolen or lost, the owner of the firearm would be held liable until the theft or loss is reported to authorities.

However, gun owners who do not have insurance will not lose their guns and face criminal charges, the mayor said.

(Copyright 2022 by The Associated Press. All rights reserved.)

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