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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....
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...
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 went...
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...
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...
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...
What Is an LLC Distribution?
A distribution from a limited liability company (LLC) is a payment of cash or property made by an LLC to the LLC’s owners, also known as members. Although state law sets forth certain default rules, LLC members can specify in the LLC’s operating agreement when and how...
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 on motion, or...
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 bill to result...
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 offer no historical...
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 a vehicle...
Did Morro Bay Council, Staff, Police, Conspire to Infringe 2A Rights in Retaliation for Political Speech?
Documents produced by Morro Bay city clerk on request for public records: 3_ccw denial response to mbpd 1_Duringer Denial Letter draft.doc-redacted Response to your PRA request.html-redacted Re Safety.html-redacted Re Response to your PRA request.html-redacted RE PRA...
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...