Judgment Entered Against City and 2 Police Chiefs in Duringer v Morro Bay #2A Victory
My recent post Victory for #2A in Duringer v Morro Bay gave little detail, but i can now report judgment was entered today in favor of Plaintiff David R. Duringer (that’s me!) jointly and severally against all three defendants: the City of Morro Bay; former...US Military Vet Hijacks Plane with Knife, Passenger Shoots
US military vet hijacks Belize plane with knife, stabbing three including pilot, gets shot and killed by passenger carrying pistol. Story...Lawsuit seeks to require San Luis Obispo to honor Donor’s Wishes re Canet Adobe
Here is yet another example of estate plan failure due to lack of family control. Public agencies and nonprofits usually cannot be trusted over the long term to faithfully fulfill testamentary intent. Did the San Luis Obispo City Council fail to honor the wishes of a ...CA’s 1-in-30 Ban Still Blocked, So Californians Can Buy More Than One Gun a Month
I spoke yesterday on California Gun Trust Planning at the Atascadero Rotary Club and was asked whether a gun trust can help avoid application of California’s one gun a month law which prohibits purchase of more than one firearm over a thirty-day period (aka...Carry a Firearm, Not a Byrna
Carry a firearm, not a Byrna! While it is definitely a good idea to carry a non-lethal alternative for self-defense, there are many such alternatives that are smaller and easier to carry than a Byrna. Very few people would carry both a firearm and a Byrna. If i have...Study: Armed Citizens Beat Police at Stopping Mass Shootings
A new study by Lott and Moody shows that armed citizens are much more effective than uniformed police at stopping potential mass shootings. The study concluded: The results favor intervention by armed citizens. Unlike uniformed police officers, armed citizens are...Judge VanDyke’s Brilliant Dissent Video (Duncan v Bonta)
The video at top left is a brilliant “dissent video” by Judge Lawrence VanDyke of the Ninth Circuit, part of his recent dissent in Duncan v Bonta. (Video below that is my daughter Ayn, who is now finishing up her first year at University of Florida School...31% of Gun Owners Have Used Gun Defensively, 82% of Uses Require No Firing
A recent study indicates that 31% of gun owners have used a gun defensively at least once over their lives. (I am in this category, and many of my students have confirmed their own defensive gun use (DGU) experiences.) Furthermore, the same study indicates 82% of...Man Sentenced for Attempted Murder of Pismo Beach Cop Loaded Rounds Backwards in Mag
I should probably have a “Dumb Criminals” category but as an estate planner i’ll stick with “Dying Embarrassed”. This man was convicted of attempted murder because, even though he pointed his semi-auto handgun at a Pismo Beach cop’s...Security Trusts for UHNW and ULNW Families
The recent shooting of a healthcare CEO has promoted increasing discussion of new security protocols among ultra high net worth (UHNW) families and their businesses, involving perhaps purpose-built security trusts funded with business interests, provisions in family...US Persons and Entities Now Exempt from Corporate Transparency Act BOI Reporting
Pursuant to new interim final rule issued by FINCEN on March 21, 2025, US persons and entities are now exempt from Beneficial Ownership Interest (BOI) reporting under the Corporate Transparency Act. Aside from being extremely burdensome and vague in some cases, the...Will Concealed Carry Insurance Protect You?
Will concealed carry insurance actually protect you and your family? There are concerns (for example, see thread here) where policies may not be delivering as expected. You have to read proposed policy language carefully to see what is covered and what is excluded....Victory for #2A in Duringer v Morro Bay
Victory for the Second Amendment in Morro Bay today as Plaintiff David R Duringer files acceptance of Defendants’ FRCP Rule 68 Offer of Judgment in favor of Plaintiff in his federal case, Duringer v Morro Bay et al. More details to follow and an update will be...Duringer v Morro Bay #1A #2A #14A Federal Suit Filed
Attorney David R. Duringer has filed a 92-page federal complaint (Duringer v Morro Bay) in US District Court, Central District of California, against the City of Morro Bay and several other defendants, for violation of his civil rights under the US Constitution,...Succession Fail as Lack of Trust Protector Dooms Murdoch Plan to Control Woke Kids
As my practice matures and I take on more high-net-worth clients, it’s amazing how poor the estate planning is among some of these families. Sometimes, there is no planning at all! In other cases, there is very simple cookie-cutter planning, which is always bad...Atty Dave Duringer on Hometown Radio with Dave Congalton KVEC 920AM 20241203
Texas Federal Court Issues National Injunction Against CTA!
A Texas federal court has just saved a zillion businesses (and family trusts and mere holding companies) the effort of complying with the onerous filing burden under the draconian, oppressive, vague and unconstitutional Corporate Transparency Act (and zillions more...Trump Announces National CCW Reciprocity
Yesterday Trump announced he will sign full national concealed carry (CCW) reciprocity, meaning you will be allowed to carry in any state as you travel. The bill has been pending in congress for some time, so it will likely be enacted quickly. Just in time, as Gov....U. Kansas fires prof who called for anti-Harris male voters to be lined up and shot
You may have seen my posts or heard my radio commercials on the idea of #DisinheritWoke. Like leaving a legacy of firearm training, i think it’s much more important than trying to succeed in politics or the courts. Is it any wonder why so many of my estate...Lott: New Data on Migrant Crime is Shocking
It probably takes a lot to shock Dr Lott: The new data on all the criminal noncitizens coming into the U.S. is shocking. . The U.S. Immigration and Customs Enforcement (ICE) checks the background of illegal aliens they have in custody. But, the administration’s...Federal Judge Blocks Gov. Noisome’s ‘Deepfakes’ Law Making Political Humor Illegal in California
Political humor (parody, satire, etc.) is legal again in California! A federal judge has enjoined Gov. Noisome’s perniciously noisome “Deepfakes” law (actually a collection of three noisome bills he signed with this noisome objective) as it is likely...Noisome, Walz, Whitmer, other Dem Guvs Escape Scrutiny Given Cuomo for COVID Nursing Home Deaths
Health care planning is one of the most important concerns of comprehensive estate planning, often overlooked or given short shrift by simpler estate plans. There has been a great deal of attention given to former New York Gov. Andrew Cuomo’s ordering elderly...Yet Another Mass Knife Attack in Communist China
Yet another mass knife has occurred in communist China, at a Wal-Mart in Shanghai. Three dead, fifteen injured. Attacker arrested. (Most mass attackers here in the US at least have the decency to attempt suicide as soon as they face any opposition.) Obviously, private...Kamala Claimed Cops can Randomly Check Homes for Compliance with City Gun Storage Law
My classmate Kamala Harris claimed back in 2007 as San Francisco District Attorney that the police are able to randomly search homes to check for compliance with San Francisco’s gun storage law. That law served as a model for similar laws later passed by many...Israel Terror Attack Stopped by Armed Bystanders
A terrorist in central Israel near Glilot rammed his truck into a crowd of people at a bus stop, killing one, injuring 36, six seriously. The terrorist then emerged with a knife but before he could cause further injury he was killed by armed bystanders. Stories here...FBI 2022 Data Revised – 6.6% Swing – Violent Crime Surges
Last month i posted this article regarding Dr Lott’s latest discovery of a surge in violent crime that didn’t jibe with FBI stats. Since then he’s posted several articles here, here, here, here and here, leading up to and following the FBI’s...Armed Attacker Killed with Own Knife in Beverly Hills Dog and Child Abduction Attempt
Details are sketchy and confusing in this bizarre case of an apparent child abduction by an apparently drug-addled attacker wielding a knife in an apparent attempt to grab a 2 year old girl on a walk with her parents in Beverly Hills. The father bravely defended...TAX.GD updated with IRS Inflation Adjustments for 2025
The IRS has released Revenue Procedure 2024-40, which specifies annual inflation adjustments for tax year 2025. Some highlights: Gift, estate and generation-skipping transfer tax exemption amounts: $13.99 million (up from $13.61 million) Annual gift tax exclusion (IRC...Charitable Remainder Trust (CRT) and other Charitable Planning
Charitable Remainder Trust (CRT) planning can be quite complex, and the expenses involved usually are justified only with a very large gift to charity, well north of a million. Practically speaking most of this planning is tax-driven and must be to make it feasible,...Yes California, BDOT can Yield Better Asset Protection
There seems to be a misconception among some California estate planning attorneys that BDOT planning (BDOT stands for Beneficiary Deemed Owner Trust; also called a 678 trust, named after IRC §678) is inconsistent with, and should never be used with, a trust designed...Firearms and the California Uniform Directed Trust Act
At the beginning of this year, the California Uniform Directed Trust Act (CUDTA) went into effect, codified in Probate Code §§ 16600-16632. It was a long time coming, having been first proposed back in 2010 by our state bar’s trust and estate section. When it...Gun HEET Revisited
Six years ago I posted this article proposing use of an advanced planning technique known as the Health and Education Exclusion Trust (HEET) to leave a dynastic legacy of firearm training. Such a trust might be called a Gun HEET. The Fall of the Republic and...What You Give Up with a Local Estate Planning Attorney
[Central Coast residents: You can safely ignore this article because we are here to help you with comprehensive planning.] Most of our local clients prefer to have the first meeting in person at our office in Morro Bay. After that initial meeting, many of these local...Boy, 12, Saves Father by Shooting to Stop Bear Attack
12-year-old boy saves father in Wisconsin bear attack by shooting the bear! Story here. Owen knew he had to do something to save his father’s life. “I saw him (the bear) knock him to the ground, and I just saw the black outline and shot over the dog’s back and hit the...Violent Crime Soars Under Biden-Harris
John Lott reports: The just-released data from the Bureau of Justice Statistics’s National Crime Victimization Survey (NCVS) shows violent crime has soared under Biden-Harris. If you look at rape, robbery, and aggravated assaults (the NCVS doesn’t measure murder),...IRS Allows Late Filing of QSST Election (PLR 202428003)
Under Private Letter Ruling 202428003, the IRS has allowed late filing of a Qualified Subchapter S Trust (QSST) election, to obtain relief from termination of S corporation status. The corporation represented that the termination was inadvertent and not for tax...Ohio Democrat Sen. Sherrod Brown Accepted Donations from Dead Woman
This would appear to be illegal: Sen. Sherrod Brown (D-OH) accepted campaign donations from a woman who died several months prior, records that the New York Post obtained revealed Friday. Carol Ann Baker of Elmore died at the age of 77 on December 10, 2023, at a...California Dad Fights Off Mountain Lion That Dragged 5-Year-Old Son by the Head
This is a brave dad who should be commended for quick action to save his son: The victim was treated for his injuries then released, but had to return to the hospital after experiencing complications with wounds to his eyes. His current condition is not clear, the...11-Year-Old Boy Confesses to Murder of Former Louisiana Mayor, Adult Daughter
This shocking story is a reminder that not all threats appear as Darth Vader: Police in Minden, Louisiana, revealed on Monday that an 11-year-old boy confessed to the murder of former Mayor Joe Cornelius Sr., age 82, and his 31-year-old daughter, Keisha Miles....Pet Trust can Protect Your Pets from Inflation, Haitian, Asian Threats
To you, your pet may be “Fluffy”. To someone else, your pet may be dinner. How big is the threat posed by Asian or Haitian cuisine? Probably not huge, depending where you live. But inflation is a huge threat, affecting everyone to some degree, including...Estate Reduction Surgery (SLATs, etc.) May Be Urgent
Estate reduction surgery may be more urgent than you think. Understandably, a lot of folks are sitting on the sidelines, waiting to see what happens in November — not only in the presidential race, but in the congressional races that will determine the balance...Democrats use 1865 Black Code to Disarm all Californians in 2024 (May v Bonta)
The CRPA on September 19, 2024, petitioned for en banc review of the Ninth Circuit panel’s decision regarding preliminary injunctive relief in May v Bonta (written by Judge Graber aka Grabber) oppressively curtailing the right to bear arms in California. En banc...Hiring Family Members to Work for Your Business
The decision to hire family members for your business is a delicate balancing act that involves both personal and professional considerations. Working with loved ones can create a sense of trust and unity within the workplace and has been shown to increase business...Exit Strategies for Business Owners
Starting a business requires a great deal of planning and execution. Exiting from your small business should entail a similar level of forethought and preparation. Nevertheless, some surveys indicate that nearly half of business owners have no exit strategy.[1] After...Updated I-9 Requirements: Remote Verification of Employees
Remote work has become the new norm for many employees, creating opportunities as well as challenges for employers. One of those challenges is verifying the identity and eligibility of remote workers for employment in the United States. Form I-9,[1] a document all...How to Protect Minority LLC Member Rights
The limited liability company (LLC) has only been around since the first LLC statute was enacted in 1977. Within a few decades, it has become the most popular legal entity formed by new US businesses due to its ease of formation, flexibility, low start-up costs, and...Why Are Corporate Formalities Important?
Limited liability is an important advantage provided by corporations and limited liability companies (LLCs). The personal asset protection that corporations and LLCs provide for their owners, however, is not absolute. To maintain the liability shield, owners must...Should You Form More Than One LLC for Your Business?
There is no law that limits the number of LLCs an entrepreneur can own. Forming multiple LLCs may make sense under certain circumstances: for example, companies that have several rental properties, separate businesses with common ownership, or when one business makes...What to Do If Your Business Is in Distress
Increasing costs and rising interest rates have impacted many businesses. If your business is in crisis, there are steps you can take that could improve your business’s financial condition and help it successfully move forward. Entrepreneurs are competent, but they...
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