ATF is nearing its new restrictions on NFA Gun Trusts

ATF is nearing its new restrictions on NFA Gun Trusts

Well folks, I didn't think they would take this long,  but it appears that the ATF-41P final action is near.  As proposed, the rule would:

  1. Add a definition for the term "responsible person"
  2. Require each responsible person of a corporation, trust or legal entity to complete a specified form, and to submit photographs and fingerprints; and
  3. Modify the requirements regarding the certificate of the chief law enforcement officer (CLEO).   ...

Why A Living Will Is A Bad Idea

Why A Living Will Is A Bad Idea

Yes, folks.  A living will is a bad idea.  But what is a living will?  Many clients and prospective clients call my office to ask about or to hire me to draft a 'living will.'  I think that this is a term many latch onto and assume this is what you want.  Not quite the story.  A living will is technically a merger of a Will (or commonly known as Last Will and Testament) and a Power of Attorney for Health Care.  An ordinary will is just that:  Ordinary.  It sets up the stage for your last wishes such as ...

Guardianship - I Will

Guardianship - I Will

AS GUARDIAN OF THE PERSON AND/OR ESTATE, I WILL:

1. Preserve any and all Wills of the ward and deposit them with the Court for safekeeping.
2. Prepare and file a guardian's report annually, or as directed by the Court when the ward is an adult.
3. Allow my name, address, and telephone number to appear in the Court's docket and be accessible through the
Court's website.
4. Immediately notify Probate Court in writing if I change my address or the ward's address.

Custody, Adoption, and Guardianship Questions Part 1

Custody, Adoption, and Guardianship Questions Part 1

How does my husband adopt my daughter to be her father?

In this situation, you will have to file for a stepparent adoption. In Ohio, if a parent has not supported or contacted their child for a year or more, that parent's consent is not needed; however, that parent must still be notified. ....

Ban on Body Armor? New Bill in the House of Representatives bans civilian ownership of Body Armor.

Ban on Body Armor?  New Bill in the House of Representatives bans civilian ownership of Body Armor.

The bill in question, called the Responsible Body Armor Possession Act, would strip the right of civilians to purchase or own body armor. The bill reads, “It shall be unlawful for a person to purchase, own or possess enhanced body armor.” ....

ATF Reclassifies SIG's "Stabilizing Brace"

ATF Reclassifies SIG's "Stabilizing Brace"

The ATF issued an open letter on January 16, 2015 pertaining to the AR Pistols and other firearms which could affect many who have purchased long-barrel handguns with “stabilizing braces.”  Now that the ATF has taken notice of what some might call a "work around" to the NFA, it shows that the ATF is clamping down on any "work around" in the market place and enforcing the NFA in a stricter sense.  Personally, this is why I advise clients to get a lower receiver registered as an SBR to avoid trouble.  It is clear to me that the ATF is ....

Is Open Carry Really Legal in Ohio?

Yes. It is a constitutionally protected right in Ohio. See Klein v. Leis, 99 Ohio St.3d 537.

I have received a couple calls on this issue so I wanted to put this here to clarify.  In Ohio, you may open carry.  Now, there are some restrictions as usual such as you cannot open carry and walk into a bar.  You also cannot open carry and enter a federal building.  Even CCW permit holders must leave their firearms in their vehicles when entering a federal building.

As always, when in doubt, it is better to ask than to take a chance.

Revocable vs. Irrevocable Trusts

Revocable vs. Irrevocable Trusts

When it comes to understanding trusts, clearly knowing the differences between the different types is crucial.  The most common question I receive is whether a revocable or irrevocable trust will offer the type of security, privacy, and sound estate planning sought.  Well, the main difference is simply that  revocable trust can be changed at anytime up until the death of the grantor(s) and an irrevocable trust cannot be changed at all once executed. ...

What To Do When Buying A Restaurant

What To Do When Buying A Restaurant

When thinking about or researching  to buy a restaurant, it is often thought of as a less risky option than starting your own restaurant business from the ground up. However, without proper research, due diligence, and consideration for the essential legal steps and potential liabilities involved, it can be even more risky than starting your own restaurant. 

The 4 Most Important Estate Planning Documents

The 4 Most Important Estate Planning Documents

Anyone who knows me knows that I like to keep it simple.  What is more is that you don't need complex documents to protect your estate and your loved ones.  It really is quite simple and I am going to tell you what four documents are the most important to have. ...