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I have been inundated today with inquiries about the Obama administration’s announcement for two new “common sense” executive actions.  Full story here:  http://www.whitehouse.gov/the-press-office/2013/08/29/fact-sheet-new-executive-actions-reduce-gun-violence.  You can also read an article in the Idaho Reporter and listen to my interview with Austin Hill at KINF here. Trouble is, these executive actions are as devoid of common sense as the prior 23 presidential memoranda issued earlier this year.  The first will “keep military grade rifles off the streets”.  So now they’re targeting the Garand and not the AR15.  Most liberals haven’t a clue what…Read More

Guns and Ammo recently ranked “the best states for gun owners 2013”, which yielded some surprising results.  Idaho gun enthusiasts were surprised to see gun friendly Idaho coming in at number 32.  Our other Northwestern states came in at 40 for Washington (not too surprising, and downgraded in the NFA, concealed carry, and miscellaneous categories) and Oregon at 28 (downgraded in the carry, castle doctrine, and miscellaneous categories).  Interestingly, Oregon is also number 26 in the country for gun ownership, with over 40% of residents owning guns (better than the…Read More

A friend of mine named “Jim” was recently harassed and arrested when a hotel owner became alarmed after seeing the butt of a gun sticking out of the front of his waistband.  Jim explained that he had recently moved to Idaho, and learned from the local Sheriff’s Office that he did not need a permit to carry a gun in public, as long as it was not concealed.  So, while walking to and from a bar from his hotel room, he put his defensive handgun inside the waistband of his…Read More

The disposition of online accounts when the account creator (account user) dies is becoming a hotly debated topic between next of kin and the tech industry.  Most people are not aware that many internet company service agreements prohibit access to their accounts by a person other than the account user, whether the user is dead or alive, and even when the user has voluntarily shared the account password with another person.  The result?  Aside from grieving friends and family being unable to access or close accounts, by the end of…Read More

When I first began drafting gun trusts for my clients, I was met with many raised eyebrows from my estate planning colleagues.  Their reaction didn’t particularly surprise me.   After all, it was poor planning by do-it-yourselfers or unknowledgeable attorneys that created the firearms related estate problems I have had to solve for my clients.  I, as a former criminal prosecutor, am aware of state and federal gun laws and what behavior constitutes criminal conduct.  While working on estate matters for clients who had plans drafted by attorneys without this…Read More

With the number of online and do-it-yourself (DIY) legal providers continuing to grow, some of individuals may be wondering if they could do their estate planning themselves. The advertising is seductive: attorneys use similar forms, the cost is significantly less than hiring an attorney, and many of these websites and kits are created by attorneys. In addition, most people think their estates are not complicated, and many think they are just as smart as (or smarter than) professionals. In 7 years of practicing estate planning, I have yet to review…Read More

Whether you are rich or poor, it is imperative that you name your trusted health care and financial agent.   If you do not, and you are later deemed incapacitated (ie you are no longer able to make your own health care decisions or manage your own financial affairs), the court will appoint a person to act as your guardian (the person who makes health care decisions for you) and your conservator (the person who will manage your finances).   Do you really want a judge who has never met…Read More

Before any trip, most of us create a “to-do list” of things we have put off and want to take care of before we leave. Here is a checklist of estate planning things to do before you take your next trip. Taking care of these will help you travel with peace of mind, knowing that if you don’t return due to serious illness or death, you have made things much easier for those you love. 1. Have your estate planning done. If you have been procrastinating about your estate planning,…Read More

The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of weapons. These weapons are commonly referred to as “Title II” weapons and include machine guns, short-barreled rifles and shotguns, suppressors, destructive devices, and Any Other Weapons (AOWs). State laws may also further restricts the possession and use of these weapons. In Idaho, Oregon, and Washington, it is legal to own and use many NFA firearms as long as the NFA regulations are followed. Under the NFA there are two ways to acquire Title II…Read More

Why shouldn’t a concealed carry permit issued by one state be honored by another, just as a driver’s license or photo ID card?  The need for personal protection doesn’t diminish when traveling from Oregon to California, for example.  In addition, the power of the Second Amendment should not be diminished for the resident of one state entering a neighboring state. HR 822, passed by the House and now stalled in the Senate, would require states to do just that: it requires reciprocity between all states issuing concealed carry permits. According…Read More