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...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...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
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...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...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),...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....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...Ninth Circus Panel Suddenly Bans Licensed Carry, Agrees Much of California is a Sensitive Place
The Ninth Circuit panel in the May and Carralero (“May v Bonta”) sensitive places cases yesterday issued its opinion, written by Judge Graber (i promise to refrain from adding another b to her name), which, if not soon corrected by en banc ruling (either...The Fatted Calf Trust
I’ve written several times lately on disinheritance and more benign alternatives to disinheritance. There is definitely a trend afoot toward greater disinheritance. I’ve noticed this trend in comments from colleagues on our estate planning attorney online...No CRPA, AB 262 is Alive, Engrossed and Enrolled!
[UPDATE: Gov. Noisome signed AB 262 into law on 9/22/24.] AB 262 is an innocuous sounding bill providing for the study of safety regulations relating to children’s camps. Yet given California’s recent history of attacking gun culture, we can expect this...Massachusetts Supreme Court: Switchblade Carry Ban Violates 2A
The Massachusetts Supreme Court in Commonwealth v Canjura has struck down a ban on switchblade carry as violating the Second Amendment. Following Bruen analysis, the Court could not find any historical analogues from the time of the Founding, or ratification of the...Ninth Circuit Blocks California’s “1-in-30” Gun Purchase Ban
The Ninth Circuit in Nguyen v Bonta has reversed its stay on a preliminary injunction against California’s “1-in-30” ban on purchasing more than one firearm in a thirty day period. After only one day of oral arguments, it was clear the State could...Is your Trust a Parachute or merely a Safety Net?
There is a wonderful recent story about a Minnesota family that has baptized 27 babies over three generations with a baptismal gown made from the World War II parachute that saved grandpa’s life! I’m always coming up with analogies for trusts and often use...Brother of Terri Schiavo Warns Against Weakened Catholic Teaching on Basic Care
The brother of Terri Schiavo, famous in the estate planning world for issues surrounding her diagnosis of Persistent Vegetative State (PVS), is warning of a possible weakening in Catholic teaching in favor of providing basic care for the incapacitated. The brother,...Did Morro Bay Council, Staff, Police, Conspire to Infringe 2A Rights in Retaliation for Political Speech?
This short clip dispels the wild, politically-motivated claims that many in the audience were placed in fear. Though there were several gasps of surprise, there is no evidence of panic, other than one email from a biased political activist: Documents produced by Morro...Which States Allow Armed Teachers?
Kamala Harris, in a recent speech to the American Federation of Teachers, mocked as “extremists” those who would arm teachers for classroom defense: “While you try to create safe and welcoming places where our children can learn, extremists attack our...More Americans Armed for Self-Defense than Ever Before
Breitbart reports on CNN report that more Americans are now armed for self-defense than ever before. The report cited data from Injury Prevention journal, which revealed the percentage of gun owners that cited “personal protection” as the reason for getting a gun...Avoid Musk Transgender Tragedy with Trust Planning
Elon Musk blames the “woke mind virus” for robbing him of his son whom he considers basically dead at this point because of the transgender cult. Call it cultural marxism, woke, whatever, I have definitely seen a trend among colleagues on estate planning...Recent Examples of Hollywood Anti-Gun Scripts
John Lott has some examples here of recent Hollywood propaganda using anti-gun scripts. This is a longstanding problem I’ve posted on for many years, particularly on bad gun handling. Lott notes (with examples) such shortcomings as failing to portray successful...Mass Stabbing Kills 3 Little Girls on Gun Free Island
UPDATE: To quell out-of-control rumors and riots resulting from the information vacuum, British judge has released information about the suspect in custody even though he is a minor, a few days short of his 18th birthday. Turns out the suspect is a migrant from...Take an Estate Plan Test Drive
Unfortunately, you really do not know exactly how well your estate plan will work until after you are gone. No way around that, but you can improve chances with thorough comprehensive planning and a good maintenance plan. And there is something else you can do: You...Is Open Carry Protected by 2A?
About a month ago the video at left was posted by Mark Smith of the Four Boxes Diner channel who, like me and quite a few other attorneys, is a member of the US Supreme Court bar, a fact I know only because he actually introduces himself as such in the first few...Musk Bolts CA After New Law Bans Notice to Parents When Public Schools Gender Change Kids
Elon Musk announced yesterday he is relocating headquarters for both SpaceX and Xitter from California to Texas, due to concerns over bad new laws and escalating crime in California. In particular, Musk cited concern over Governor Noisome’s signing of AB 1955, a...Supreme Court in US v Rahimi Departs from Bruen While Giving it Lip Service
The US Supreme Court today released its 8-1 decision in US v Rahimi, holding that: When an individual has been found by a court to pose a credible threat to the physical safety of another, that individual may be temporarily disarmed consistent with the Second...Trump Voters (59%) Far More Likely Than Biden Voters (19%) to Prioritize Marriage and Children, Poll Finds
A new Pew poll finds that Trump voters are FAR more likely (59%) than Biden voters (19%) to say that society should prioritize marriage and having children. That the rate is higher among Trump voters should not surprise anyone. I’ve definitely noticed a...Supreme Court Rules Bump Stocks are NOT Machine Guns
A few days ago (June 14, 2024) in Garland v Cargill, the US Supreme Court in a 6-3 decision ruled that bump stocks are not machine guns. Actually, the Court ruled they are not “machineguns” and the Court uses that single word throughout the opinion as that...How Does Concealed Carrying of Weapons Affect Violent Crime?
Although most research finds that concealed carry reduces violent crime, several recent studies claim to show that concealed carry increases violent crime. In a new study linked here, Professors Lott and Moody analyze three possible causes for the supposed increase,...Seven Types of Gun Trusts
Here is a quick overview of seven major types of gun trusts: Trust Mill NFA Trust: This is a “simple” (sometimes shockingly simple) “cookie-cutter” type boilerplate trust designed for purchase of firearms and/or suppressors regulated under the...Benitez Blasts Bonta’s Billy Ban as Unconstitutional
Federal Judge Roger Benitez in the case of Fouts v Bonta recently ruled California’s longtime ban on billy clubs (defined vaguely and potentially including many types of objects, for example any stick intended as a weapon) as an unconstitutional infringement of...As Your Kids Consider Sterilization, Incentives Can Make a Vas Deferens
Increasingly, young adults are choosing permanent sterilization. Your estate plan can punish them for doing so. (Or reward them, whatever.) Not talking about transgender surgery. Big sterilization issue there obviously, but that was the subject of another recent post....Americans Own a Billion Magazines, Over 70% Hold More Than Ten Rounds
More evidence that so-called “standard capacity” is not at all standard, and that so-called “high capacity” is actually standard: NSSF’s Detachable Magazine Report (1990-2021) found an estimated total of 963,772,000 ammunition magazines in...
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