Should a man with a gun be allowed to fire it off in a packed mall or busy street?
Ideally, the decision should be left to property owners and insurers.* That's a concept I touched on
here and
here (parts I and II, respectively).
Here's an example...
Suppose individuals are given a choice:
A. they can buy indemnification insurance from companies who agree to pay compensation for injuries and property damage that result from their clients' actions.
B. they can choose to forgo coverage.
Like all companies, the insurers would have an incentive to minimize their costs - i.e. payouts to victims - and maximize their profits from the members' premiums. Policyholders' rates for indemnification insurance would be based on the level of risk/exposure they pose to insurers. For example, Alan The Accountant, who has no history of violence, would pay lower premiums than Max The Madman, who has a long history of such.
Let's suppose the owner of ACME Mall decides to only allow people to enter his venue if they can show proof of indemnification coverage from a reputable insurer. That alone would significantly reduce the likelihood of a person coming into the mall and wantonly discharging his firearm. Such a person would probably have a history of violent episodes that precludes his (or her) obtaining coverage from a reputable insurer. In short, he wouldn't be allowed inside the mall in the first place.
Is it possible that mild-mannered Alan The Accountant will one day enter ACME Mall and wig out - ala William Foster in the move Falling Down? Sure. It's possible. You can eliminate the risk short of shackling every person to their beds 24 hours a day.
Now, let's say the owner of ACME Mall decides to let visitors discharge their firearms inside his venue whenever they desire. I don't know about you, but I would not set foot inside that mall. Moreover, I'd wager a lot of people - i.e. potential customers - would likewise take their business elsewhere. Thus, the owner would have an incentive to disallow the "right" to discharge firearms in his venue.
Here's my point: incentives and disincentives in a contract-based system would offer better protection from the risk of injury (in all its varied forms) than passing draconian laws that apply to everyone.
Is such a system possible? Of course. Law came before government, not the other way around. It has also existed in spite of government, when state-created law proved inadequate. Is it likely to happen today? Not as long as people vote for rulers.
But just because the future prospects for a contract-based system are dismal doesn't mean we should throw our hands in the air and say, "Screw it, just criminalize everything that presents an element of risk to my safety."
* This plan requires a system of law based entirely on contracts and voluntary transactions/associations. We do not have such a system today.