General Blog

If you are a gun owner and you are not frightened by the gun control that will result if the United Nations Small Arms Trade Treaty (ATT) is ratified, you need to educate yourself.  The UN has written materials on their website, which describe the theory behind the proposed Treaty. I described the Treaty and its effects in my interview with Austin Hill this morning.  You can listen to the audio under the title “Idaho Attorney and Gun Rights Expert Alex Kincaid Discusses the US Consideration of a UN Gun Registry”.Read More

Austin Hill asked me this morning on his KINF radio program to provide legal insight into the DC shootings. As a lawyer, I enjoy tackling challenging issues.  I love displaying my knowledge of the law by analyzing a unique situation in an effort to provide a creative solution or raise an interesting issue. The DC shooting, however, provides no such challenge.  We are not in any way enlightened by this tragedy.  We are sitting back watching a bad version of Groundhog Day, with the replay of a criminal killing helpless…Read More

Gun Trusts are not being eliminated. But one of the benefits of having a gun trust might be.  The proposed rule, if passed as currently drafted, will require that a “responsible person” of a company or trust be photographed, fingerprinted, and obtain the signature of the chief law enforcement officer (CLEO).  The concern, according to the federal government, is that criminals are using entities to avoid a background check, and thereafter obtaining firearms regulated by the National Firearms Act without a background check. Although the government provides no statistical support…Read More

If your doctor asks you about guns in your home, do you have to answer?  If you believe the question is pertinent to your treatment, you may choose to answer it.  A doctor cannot compel you to answer the question, and if a doctor chooses to turn you away for your refusal to answer the question, choose another doctor.  You can listen to my interview with Austin Hill of KINF on this topic here. Although Pres. Obama has made comments about the importance of determining if guns are “in the wrong…Read More

Shortly after the release of information by Edward Snowden revealing the United States Government’s abuse of a provision of the Patriot Act, and confirmation by President Obama that an order of the FISC (Foreign Intelligence Surveillance Court) requires the country’s three largest phone companies, including Verizon, to turn over all wireless and landline customers’ daily, detailed call information to the federal government, the ACLU filed suit against the heads of our national intelligence agencies.  The lawsuit names as defendants the heads of the National Security Agency, Federal Bureau of Investigation,…Read More

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