I think Ayn Rand & Friedrich Hayek Would Approve

For the fun of it....

This is a humble proposal for a solution path for a U.S. social controversy using law and market forces.

It is a market based approach with strong elements of individual rights and responsibility. 

Short example:

In the U.S. the number of White Tailed Deer on the landscape is actually determined by, in addition to certain biogeophysical factors, the the regulatory laws and regulations of each state government on matters such as game hunting, land use, etc.Each year their are many collisions of deer and motor vehicles on public roads.

So, market based solution:

That the state government be strictly liable for any damage to person or property resulting from the collision of a deer and a vehicle on a public road.

So, ok gun folk, have it your way. But I do not want to pay for the cost you may externalize to society, that i have to pay for directly or indirectly. . so,

Here we go

If you are doing concealed carry or "hunting" or keep a gun at work or home or vehicle; and are not a member of the military or National Guard, or not a member of law enforcement:*

1. That you will not be required to take part in any firearms safety or use training

2. There will be no background checks

3. That you will not be required use trigger lock or any safe storage equipment or procedure in your home or your vehicle.

4. You must federally register your firearm within 3 business days of your receipt or purchase. Failure to do so will be a federal criminal offense with a fine of not more than $500,000 or prison of lot less than one year nor more than 15 years, or both such fine and imprisonment, for each offense.

Note: this recognizes the concepts of transparency and individual responsibility, and the rights of individuals to make informed decisions on many things, such as deciding if they want to live next to a gun owner, or for a business, to make hiring decisions, insurers to make business decisions, etc.

5. Any seller of a firearm must register the sale of that firearm with the Department of Alcohol, Tobacco and firearms, through an internet based system for that use. Failure to do so before the end of the day of sale, will be for the seller and/or their agent a federal offense with a fine of not more than $1,000,000 or prison for not less than one year, or both such fine and imprisonment, for each offense

Note: this recognizes the concepts of transparency and individual responsibility, and the rights of individuals to make informed decisions as consumers  insurers to make business decisions, etc.

6. No liability for law enforcement if they cap your ass during performance of their lawful duties

Note: This is to help law enforcement in its daily tasks and their own safety.

7. Your health insurer or liability insurer can refuse to insure you if you are a gun owner, seller or manufacturer

Note: The right to refuse legally includes the right to determine higher premium rates if the insurer concludes that higher risk is present. The insurance industry would be free to create its own "exceptions" to higher rates. For example, gun collectors who have their pieces permanently made inoperable.

8. That you are strictly liable for any harm to person or property caused by the discharging of your firearm(s)

Note: "In tort law, strict liability is the imposition of liability on a party without a finding of fault (such as negligence or tortious intent). The claimant need only prove that the tort occurred and that the defendant was responsible. The law imputes strict liability to situations it considers to be inherently dangerous." ibi

9. If a civil action is brought against you based upon discharge(s) of a firearm(s) of yours, and said firearm(s) is a hand gun, a semi-automatic or an automatic, or any combination thereof; you may join as party defendant the legal person(s) who sold you that firearm(s) and the manufacturer of that firearm(s).

Note: This does not say that parties joined as defendants would be subject to strict liability. But the court or jury would be able to assess and weigh their negligence in its deliberation on co-liability and assignment and amount of damages.

Ok folks, thin the herd! 

* I put hunting in quotes here to indicate the popular use of the word, as opposed to and to distinguish it from, its correct usage. The exemptions mentioned in this paragraph are also to make an absolutely clear distinction based upon a truly conservative reading of the 2nd Amendment to the U.S. Constitution.