As expected, Obama made a push for more gun control during his speech following the Orlando nightclub shooting. He failed, however, to mention that the Orlando night club hosting the massacre was a gun free zone due to Florida’s gun control laws. All but approximately 1% of mass shootings since 1950 have been in gun free zones. Terrorists and criminals attack where there are no law-abiding American citizens with guns to fight back. California, Paris, San Bernardino, this nightclub, were all specifically selected because there would be little resistance until…Read More
By Alexandria Kincaid, Attorney What does the Second Amendment actually protect? Most gun owners believe the phrase “shall not be infringed” is pretty clear. However, some judges find it confusing. Today, we saw the country’s largest, busiest, and ordinarily liberal Circuit Court (the Ninth Circuit Court of Appeals) change its mind and overturn its own, prior decision about whether the Second Amendment protects our right to carry a firearm outside our homes. Peruta v. Cty. of San Diego. The facts: Gun owners know that California has some of the toughest gun…Read More
One day, you will leave your business. You will exit either voluntarily (through sale or retirement) or involuntarily (through death, disability, bankruptcy, liquidation, or fire sale). “Exit planning” is the topic for our next three blog posts. As a business owner, you must have a good understanding of each of the three key elements to every successful exit plan if you want to control the process of exiting your business. The Three Key Elements to a Successful Exit Plan While success is defined differently for each business owner, most clients…Read More
Too many people have asked for my response to this (click here) opinion letter published in the Idaho Statesman for me to ignore the requests to respond. The opinion letter was written by an attorney professing to be a supporter of the Second Amendment, but who expresses his disapproval of the permitless carry law. He expresses what at first glance appear to be concerns for the gun owning community, who this attorney suggests who could be misled by the meaning of the phrase “permitless carry.” The attorney, also a firearms instructor, touts the permitting…Read More
By Alexandria Kincaid, Attorney For years (at least since 2012), over 99% of all names reported to the National Instant Criminal Background Check System (NICS) list’s “mental defective” category are those of veterans. These veterans are reported by the Department of Veterans Affairs (the VA) to the NICS, without first allowing the veterans an opportunity to appear and present their side of the story to a judge or even the VA Board subject to ordinary court rules, such as the rule that does not allow hearsay evidence. Before taking away…Read More
(C) 2016 By Alexandria Kincaid During her “conversation on gun violence” in New York on April 11th, Hillary touted her stance to fight against the law that has, according to her, made it impossible for people to sue gun manufacturers. Since the beginning of her campaign, Hillary Clinton has shown her complete ignorance of, or deliberate disregard for, the potential liability of firearms manufacturers. Of course, who cares about the facts? Her gun control agenda is focused on emotion, regardless of the truth. I work with firearms dealers and manufacturers…Read More
Millions of Americans lawfully own and responsibly use AR15s everyday, but relatives of the Sandy Hook school shooting victims are trying to use the court system to hold manufacturers of the rifle accountable for the acts of a criminal. The over-zealous plaintiffs previously filed their lawsuit against Remington Arms in federal court, and the federal court judge rightfully tossed the case to the curb. But the plaintiffs refiled the lawsuit in state court. Today, the state court judge decided to allow the case to proceed, although she will allow the…Read More
“Careless” or “Criminal?” While President Obama’s comments may be careless, Hillary Clinton’s behavior is more likely criminal. Criminally negligent behavior is behavior that is “felony stupid.” It’s behavior that you know is a bad decision because it could hurt, and is even likely to hurt, other people. I once prosecuted a driver for “criminally negligent” homicide after he killed two people when he rear-ended them in a construction zone. Why did I prosecute? Because the driver knew he hadn’t slept in 24 hours; he knew he was tired; he knew he was…Read More
I imagine it’s not the type of diversity Justice Sotomayer had in mind, but selecting a judicial conservative, who looks to the language of the United States Constitution rather than the fad of the time, would certainly add a bit of diversity. Read Sotomayer’s comments here.Read More
