Imagine that you are the court-appointed caretaker (commonly known as a guardian and conservator) for a war veteran who no longer remembers to pay his bills on time or take his medications. The veteran is a gun owner, and you are faced with the task of telling him that you are going to remove his guns from his home. You have to tell him this, because the phrase “adjudicated a mental defective” under federal law is defined as: “A determination by a court, board, commission, or other lawful authority that…Read More
Gun owners, dealers, and manufacturers are hard-pressed to learn and keep up with the ever-evolving world of gun laws. Interpretations of the law by our Supreme Court can make it even tougher for law-abiding citizens who want to do the right thing to figure out what “the right thing” is. Common sense does not always prevail. You might think that it would be ok for one legal gun owner to buy a gun for another legal gun owner from a licensed dealer. Neither person is a criminal, so what's the harm? Well, according…Read More
Thanks to our media and the prosecution of the innocent, conscientious gun owners often fear that their lawful, responsible behavior puts them at risk for being deemed a “gun nut”. When it comes to training, don’t ever let such fear stop you. Even though I “grew up with guns” and shoot whenever I can, I also live what I teach. One of my first gun instructors served our country in combat, but told me he continues to train “whenever he can”. He was the first person to tell me…Read More
One of the most common questions I receive in firearms classes is if someone can keep my cell phone number in their wallet in case they ever need to use their firearm in self-defense. When we discuss keeping a lawyer’s number handy, someone in class has inevitably “heard” of an insurance company that purports to provide coverage in the event the insured uses deadly force, and the discussion turns to whether those insurance policies are valid and if the attorneys listed as possible defense are good choices. Such insurance…Read More
In my most recent “Gun Law Podcast”, I interview three young ladies, ages 10-14, who enjoy shooting guns for sport and hunting. They are normal girls who get good grades, participate in other, more traditional “girl” activities such as cooking, swim team, and playing musical instruments. All three girls have at least one thing in common beyond their enjoyment of firearms: confidence. They are not shy, insecure, or suffering from common “girl” afflictions imposed on them by our modern society. I have no doubt that when these women are old…Read More
It’s nice when you’re the King, because the King can do as he pleases. Ignoring Congress’s decline to pass “common sense” gun legislation in 2013, the Obama administration will take action where Congress left off. The FACT SHEET released by the White House today indicates that the latest executive actions will “help strengthen the federal background check system and keep guns out of the wrong hands.” The title of the FACT SHEET is more telling – it refers to keeping guns out of “potentially dangerous hands”. According to the White…Read More
With the implementation of the recent health care reform legislation and a lack of meaningful tort reform, the next decade will be extremely challenging for the medical practitioner and the medical practice organization. There appears to be no end in sight to constant malpractice lawsuits: doctors are particularly good targets for the legions of sympathetic plaintiffs and their contingency fee plaintiff lawyers. The detailed required medical record keeping, so necessary to receive insurance or governmental reimbursement, makes for an ideal paper trail for the creative trial lawyer. As if a…Read More
Asset protection planning is one part of an advanced estate plan. Most estate planners focus on what happens to your assets after your death. Asset protection planning addresses how to preserve your assets during your lifetime and thus, “integrates” preserving your wealth not only after your passing, but also during your lifetime. Our firm provides general asset protection plans for individuals and businesses, and has also developed specialized plans for Physicians and Dentists, Farmers, Ranchers & Vintners, and Advanced Estate Tax Planning for high net worth individuals. Asset protection planning…Read More
We have a government that purposefully “loses” 2500 guns in Mexico during Operation Fast and Furious, but is targeting American business owners for yet another round of proposed gun control legislation. Targeting stolen and missing weapons is the name of the game for the Obama administration’s latest attack on our Second Amendment. You can listen to my discussion with Austin Hill on this topic by clicking “Idaho Attorney and Gun Rights Expert Alex Kincaid says there is a ‘Point of Contention’ Between the State and Federal Governments.” Businesses in the…Read More
