By George L. Lyon, Jr

As you may have heard, the ATF on December 18, 2020, published a notice setting forth the factors it considers in classifying firearms equipped with a stabilization brace, sometimes called an arm brace. The importance of this classification is that it can mean the difference between a firearm equipped with such a brace being classified as a pistol and thus not subject to the National Firearms Act or as a short barrel rifle requiring registration and payment of a $200 tax. Violation of the requirements of the National Firearms Act (NFA) is a felony potentially subjecting the offender to several years in prison and permanent loss of firearms rights.

By George L. Lyon, Esq.

My clients and students frequently request my analysis of the various self-defense insurance type products on the market, some of which are not technically insurance per se. My knowledge of this topic has benefited by Recoil magazine’s occasional comparison of these products as well as an informative video by attorney Andrew Branca, author of the highly recommended book Law of Self Defense. I will give you the results of my own review of these products below. Bear in mind, policies often change, so I recommend you perform your own due diligence at the time of your decision. I recommend my analytical framework as a guide. 

It is important to understand that basic homeowner’s insurance even with umbrella insurance does not cover a self-defense shooting. First, these insurance products do not defend you from a criminal prosecution, and, second, they do not cover you civilly because a self-defense shooting is considered an intentional act. Homeowner’s coverage would apply if it were alleged that you negligently shot someone on the premises of your home. Some plaintiffs have made such allegations specifically to try to get within the coverage of homeowner’s policies.

With respect to self-defense insurance or insurance like products, a number of companies offer this type of service. The ones I am going to discuss here are in alphabetical order: Armed Citizens Legal Defense Network (“ACLDN”); CCW Safe; Firearms Legal Protection (“Firearms Legal”) Second Call Defense (“Second Call”); United States Concealed Carry Association (“USCCA”) and U.S. Law Shield.

Have you considered how your child's back-to-school needs change in college? We're not talking about the challenge of assembling IKEA furniture. We are talking about your child's first estate plan. The fact is, an 18-year-old is no longer a child, and in many respects, parents lose their rights in decisions or information concerning their adult child, whether it relates to an emergency or report cards. Here's what Arsenal Attorneys recommend for you and your college student:

• Health-Care Power of Attorney: also known as an Advance Medical Directive, this legal document could allow a parent to make health care decisions for an adult age college student who cannot make his or her own decisions due to physical or mental illness. For an out-of-state college student, we recommend two Health-Care Power of Attorneys: one drafted based on the state law where the college is located, and another based on your own state's law.
• HIPAA Authorization: HIPAA regulations prohibit disclosure of medical records. Parents should obtain a blanket HIPAA authorization otherwise they could be denied access to information concerning their child's well-being.
• Financial Power of Attorney: also known as Durable Power of Attorney, this document appoints the adult child's agent to handle financial matters. This could be a crucial requirement if your 18-year-old can no longer manage his or her own financial affairs because of an emergency or accident.
• Education Record Release: Because of the Family Educational Rights and Privacy Act, or FERPA, parents do not have a right to see their adult child's report card, unless the child signs an Education Record Release giving parents access to grades, transcripts, and financial information at their academic institution. Your adult age child may sign a FERPA waiver granting parents access to this information.

These recommendations reflect our vision that every person should have an estate plan regardless of age, health, or wealth. We offer 'Special Purpose Estate Planning' because we believe every client's situation is unique. For example, we customize estate plans for a wide variety of concerns, including special needs children, pets, farms, vacation homes, digital assets, art, guns, and much more.

Contact us to schedule a consultation to discuss how we can create an estate plan specially designed for you.

Arsenal Attorneys' Matthew Bergstrom will teach a seminar for lawyers on August 20 entitled "Firearms in Estate Administration: Legal Issues, Executor Liability, Transferring Title I and II Guns, Penalties--Understanding Gun Legal Designations, In-State and Out-of-State Transfers, Use of Gun Trusts." Mr. Bergstrom will be joined by attorneys Michael W. Zarlenga and Sam Hosey to deliver the program. This continuing legal education program is sponsored by Strafford Publications, and attendees may earn CLE credit as may be required by their state bar. 

This CLE webinar will guide estate planners and administrators on managing the legal challenges of firearms in estate and trust administration. The panel will discuss federal gun laws and firearm designations, issues for beneficiaries inheriting guns, in-state and out-of-state transfers, and legal ownership. The panel will also review the use of trusts and other entities to transfer guns legally, and best practices to avoid mishaps in the administration of estates or trusts holding firearms.

Arsenal Attorneys will be opening its new office in Rocklin, California to offer various legal services, including estate planning, new and small business law, and firearms law. The firm will soon celebrate its 10th anniversary. It has served thousands of clients in 41 states.

Arsenal Attorneys are renowned for their estate planning for nontraditional assets, particularly firearms. The firm's proprietary Arsenal Gun Trust is a solution for registering, sharing, and inheriting firearms. Moreover, an Arsenal Attorneys' trust includes extensive guidance to help the client's successors and beneficiaries understand how to stay safe, obey the law, protect privacy, and exercise their rights.

The firm's expertise applies to a variety of assets which require the special handling which is often overlooked in one size fits all wills and trusts. Whether the client is concerned with the special needs of a child, a pet, art, antiques, or digital media, Arsenal Attorneys can help achieve client goals and ensure loved ones understand the client's legacy.

Managing Attorney Matthew Bergstrom leads Arsenal Attorneys. He is a member of the bar in California, Michigan, Virginia, and the District of Columbia. The firm has 20 affiliated attorneys to help serve clients nationwide. Since the firm's creation, it has offered services virtually by phone and email and at its office in metropolitan Washington, DC. 

By George L. Lyon, Jr, Esq.

As you may have heard the Supreme Court last week dismissed as moot the New York State Rifle and Pistol case that many had hoped would clarify for the lower courts the standard court should use to review second amendment cases. While not unexpected, the 6-3 decision was still a disappointment. Justice Alito wrote a dissenting opening which Justices Thomas and Gorsuch joined arguing that the case was not moot and that the city ordinance at issue was unconstitutional. In the penultimate paragraph of his opinion, Justice Alito made the following comment:

“We are told that the mode of review [by the lower courts] in this case is representative of the way Heller has been treated in the lower courts. If that is true, there is cause for concern.”