Why Do You Need a Gun Trust?

Posted on by Michigan Gun Law

One of the many questions that I am asked by clients and other attorneys is “Why is a gun trust necessary?” or “Why do I need a gun trust?” The exact reason why an individual needs a gun trust is unique to everyone. However, the simple answer is to protect your successor trustee from inadvertently breaking the law after your death or disability when transferring a firearm. There are other reasons why a gun trust is necessary, and here I will expand the top three reasons I have encountered in my practice that apply to most of the clients that I have worked with.

The top reason a gun trust is an essential part of an individual’s estate plan is because the individual is looking to a buy a Title II (Class 3 or NFA) firearm. These are highly regulated and only the person the tax stamp is issued to may possess the firearm. Therefore, whenever the individual leaves the firearm at home, which is shared with other people, a transfer in possession is occurring. This transfer is typically referred to a constructive possession, and the transfer is unauthorized. An unauthorized transfer of a Title II firearm is a felony under federal law. Constructive possession is when the firearm is safely stored in a gun safe that the remaining members of the house does not have the key or code to access, but the safe is not impenetrable, and your family members or household members could theoretically break into the safe and take actual possession of the firearm. A gun trust that names the individuals that live in the home would prevent this from becoming something to worry about. 

Reason number two that a gun trust is essential is because a designated beneficiary is a prohibited person under 18 USC 922(g) and there is a desire to leave them a portion of the trust. The named prohibited person can be transferred a firearm by a successor trustee that does not know the federal or state laws concerning firearms. A gun trust can provide for the transfer of firearms to those legally able to own the firearms, and the prohibited person can be provided for within the revocable trust.

The third reason to create a gun trust is to educate successor trustee about the laws surrounding the transfer and ownership of firearm laws. While state laws may provide how to transfer firearms upon the death of an individual, those laws do not cover what a successor trustee needs to know about federal laws, transferring across state lines, what is illegal in other states, or how to transfer a Title II firearm. A gun trust provides the successor trustee with a base line of knowledge before a transfer can be made. In addition, contact information for the attorney that drafted the gun trust is available to the successor trustee to reach out with additional questions.

There are many other reasons why a gun trust is essential. I have found that outside of these top three reasons that the other reasons are unique to person ask for the gun trust. I have heard reasons that include creating a legacy of firearms, families members currently live where certain firearms to be transferred are considered illegal, I am the only firearm enthusiast and I do not want the firearms turned into the police, I want to create a legacy of firearms that I have collected, or my children are still members and they are my only beneficiaries.

You may be identifying with some of these reasons as you are reading this. If you own firearms, you need an estate plan to ensure that your loved ones know what to do with your firearms. If you need more information about gun trusts or how to create one, call (248) 230-2545 today to schedule a Pre-engagement Meeting with our team.

What is a Gun Trust?

Posted on by Michigan Gun Law

Estate planning for firearm owners is not the same as an estate plan for a young married couple with small children. While the firearm owner may be the young married couple with small children, the estate plan for firearms needs to discuss when, to whom, and how to properly transfer both Title I firearms and Title II firearms. A revocable trust will effectively manage the typical trust assets such as bank accounts, funds from life insurance policies, a house, and distribution of trust assets to beneficiaries, a separate trust designed specifically for the transfer of firearms needs to be a part of the complete estate plan.

A revocable trust designed for the ownership and transfer of firearms is known as either an NFA Firearms Trust or a Gun Trust. While some law firms use these names interchangeably, here at Michigan Gun Law, they are two separate trusts. An NFA Firearms Trust or National Firearms Trust is a revocable living trust designed for the sole purpose of owning and transferring Title II ,also known as Class 3, firearms.  A gun trust is revocable living trust designed for the ownership and transfer of both Title I and Title II firearms.

Title II firearms are those in which the federal government has enacted laws to restrict ownership. Title II firearms include short-barreled rifles and shotguns, machine guns, destructive devices, and silencers, also known as suppressors. All of these firearms require a tax stamp to own and register the firearm to a specific individual. Title II firearms may not be loaned to another person or transferred without the involvement of paperwork and BATFE officials. State laws vary on which of these firearms are legal to own or possess within the state. Some states may allow the ownership and possession of these firearms but restrict the ability to transfer the firearm upon death.

The NFA Firearms Trust provides a means to preserve the firearm after the death of the individual creating the trust, because the trust owns the firearms and has the tax stamp, not the individual. In addition, the trust provides specific instructions to successor trustees on how to transfer the firearms, where to find the relevant laws, to whom the firearms may be transferred, and the requirements under federal law to own or possess a firearm. All this information is important to a successor trustee that may not be as knowledgeable as the firearms owner who created the trust.

Another benefit of an NFA Firearms Trust is that firearms owner can omit a family member that is not qualified under federal law to own a firearm as a beneficiary under this trust, while still providing for the family member in the separate revocable living trust. This eliminates the hard choice of leaving a loved out of the estate plan because of choices that resulted in “prohibited person” status under federal law with firearms.

18 U.S.C. 922(g) defines who is a prohibited person. Some of those people include anyone convicted of a crime punishable by imprisonment exceeding one year, someone who was dishonorably discharged from military service, someone who was adjudicated as mentally defective or committed to a mental institution, a person who is an unlawful user of or addicted to any controlled substance, an illegal alien, or a person convicted of misdemeanor domestic violence. There are other categories of individuals who are prohibited to own firearms under federal law. A thorough review of 18 U.S.C. 922(g) should be done before any individual is named or added to an NFA Firearms Trust. 

Here, at Michigan Gun Law, we vet your chosen successor trustees and beneficiaries before we draft the trust to ensure that no prohibited person is named within the trust documents. In addition, we educate the firearm owner on what steps to take when they learn that a loved one has become a prohibited person.

If you are interested creating an NFA Firearms Trust or a gun trust, call Michigan Gun Law where our attorneys have the experience and in-depth knowledge in this area to craft a gun trust that meet your needs. Contact us today at (248) 230-2545 to schedule your pre-engagement meeting.

Why Do I Need An Estate Plan?

Posted on by Michigan Gun Law

            Many times, in conversations with family, friends, or potential clients, I am asked why an estate plan is important. The reasons are varied and personal. Here are the five of the reasons I hear in these conversations about the importance and purpose for estate planning.

  1. I WANT PEACE OF MIND. You work hard to build your live and provide for your family and children. But when it comes to thinking about what ifs, the anxiety arises. For parents with young children, what if the plane crashes on our trip? For parents of children who have been fighting as adults, what will happen if I am not here to make the peace? For parents of children with addictions, how do I prevent them from spending all the inheritance on drugs? The questions that keep people up at night are numerous as the stars in the sky, but the solution is simple: prepare and plan. A properly prepared estate plan can ease the anxiety of what ifs. It can even resolve conflicts over your funeral.
  2. WHO WILL CARE FOR MY CHILDREN? This is a question that troubles most parents. The struggles over choosing who will raise your children after both parents have passed range from not wanting to offend family members to trusting that a chosen person will be the right person for the child. The easiest solution is often to consider the age of the party, the distance from where you live, and does your child know this person. It is serious conversation to have with your intended guardian.
  3. I WANT TO PROTECT MY CHILDREN’S INHERITANCE. This is a question we hear with blended families. As families are divorcing, moving and remarrying, the blended family is real issue. Blended families need to consider how will all the children be treated. My family is a blended family, and we have decided to treat all the children as if they were our children together. But other families choose to keep things separate and provide for the children. With families with his, hers, and ours, the planning needs further consideration. The biggest factor for blended families is trusting that your spouse will not change the estate plan after the death of the first spouse to die.
  4. YOU DECIDE WHAT YOUR FUTURE (AND YOUR CHILDREN’S FUTURE) WILL LOOK LIKE. Terry Schiavo is the case that is often discussed in my office. It is what prompted me to prepare an estate plan. While thinking ahead to scenarios of being on life support long-term, dying with young children, or developing dementia scares everyone, being able to control what will happen when or if that happens is reassuring. When I was a single mother, I had prepared but not signed an estate plan shortly before I was involved in a near-fatal car accident. While I was conscious to think to tell the first responder to the scene to tell my daycare that I would be late (seriously, I was hit head-on by a semi-tractor and merely thought I would be a few hours late picking up my children), I did not think to rely who to call to retrieve my children. I had not shared this information with the child care provider. But fortunately, my designated guardians knew I had chosen them and heard about my accident on the radio. I could recover knowing that my children were safe, well-cared for, and comforted during this time. Having that peace affected the speed of my recovery as I was not worrying about things that I could not change from the hospital bed easily.
  5. AVOID PROBATE. Probate is the process of having the court supervise the authentication of your will, valuing your estate assets, distributing your assets to beneficiaries and heirs, and paying creditors in the right order. Probate can take time, sometimes a year or longer depending on the size of your estate and the amount of fighting amongst beneficiaries. Probate is also stressful on your family and for most grieving family members, they need the assistance of a probate attorney to help them navigate the paperwork and process. While many people believe that executing a will avoids probate, this is not the case. A will is a ticket to the probate court. Avoiding probate requires creating a revocable trust or similar assets, creating joint ownership in assets, or contractually disposing of assets upon your death, this is typically beneficiary designations or pay on death accounts.

If you are worried about the future will look like the day after you pass away, call Michigan Gun Law today, we will help you look to the future and make decisions today that will create peace at your family’s time of grief.

Defending Your Children: Enabling the Mama Bear in You

Posted on by Michigan Gun Law

            Two weeks ago, I wrote about the pitfalls of defending another person. The biggest pitfall being that one cannot often know what is happening and who is the aggressor. But what if the third party is your own child? First, the same law would apply that I cited in that blog, MCL 780.972(1)(a-b). You would still need to have and honest and reasonable belief that there is a threat of imminent death, imminent great bodily harm to your child, or imminent sexual assault to your child before you could use deadly force.

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            Reaching this belief in our own homes when another is immediately threatening our children is easy. Forming this belief in public and when we did not watch everything happen is another story. Just like with defending third parties, we may not know the whole story, especially when we were not present the whole time or were distracted during parts of what happened. For instance, if someone, a stranger, is actively trying to abduct our child, you may have an honest and reasonable belief that your child is in danger. The key to this is the type of danger. Is the danger an imminent threat of death, great bodily harm or sexual assault? Often, I hear individuals say that they would shoot first and ask questions later. While the mama bear instincts in me agree with this statement, the lawyer that I am cautions otherwise. I realize that there are seconds to decide. There is not one answer that would be right for all situations other than some restraint. The restraint needed will be determined by the situation at hand and your own perceptions. Often, we can take steps before we will ever need to resort to deadly force.

            There are steps you can take now to protect your child from danger as a first line of defense. The first step is to assess their level of understanding and age before any discussion. When my children were young, my son would often run away from me in a store. He was three and having any discussion about not running away from me was unproductive. To my son, this was a game that he found funny but scared me to death. When store employees would call a Code Adam, they would bring me other children that did not match the description I had a given. Back then, there were not cell phones with photographs, so I had to rely on my verbal description. However, with the technology we have today, it is easy to keep an up-to-date photograph of each child on your phone. Having up-to-date photographs of your child on your cell phone will make providing a description easy in times of high stress.

            The second step is to teach your children is to never go with a stranger. If someone tries to physically remove your child, teach them to scream, kick and fight. This will draw the attention of others to what is happening. Teach your child to always scream “This is not my mommy (or daddy)” when someone is trying to take them. Do what you need to do for your child’s age to empower them to be safe without frightening them. There is no answer that works for every child, so as a parent you must find the right strategy and teaching method for your child. 

I remember when I was twelve that my father taught me how to defend myself from being attacked. He taught me to use my brain and my own body for defense.  He taught me about the weakest areas on a man and said, “No matter what strike there first and do not hesitate.” He taught me how to break a nose or gouge an eye with my thumbs. These were techniques that disgusted me, and I was not sure I could but looking back I realized my father was teaching me how to survive when he could not be there. He was a mama bear, okay papa bear, and he never suppressed his instincts to protect his only daughter or teach me how to take care of myself.

If you find yourself defending your child after using these initial steps and need the assistance of an attorney, call one that understands and can relay your mama bear instincts to a jury. When you defend your child, you want an attorney that will defend you with those same instincts.

My Spouse Defended Another. Now What?

Posted on by Michigan Gun Law

            Defending another individual is not an easy decision to make. Hearing that your spouse or family member made that decision and is now being charged with a crime is difficult to handle although from having to make the decision to defend another individual. Three seconds from arriving on the scene is not a long time to decide to pull a firearm and get involved. Your loved one would have had to assess the situations, determine who was the aggressor and who needed his assistance, decide to get involved, determine what level of force was appropriate, and act.

            But as the family member, you are left with a lot of questions that the public and the media will be asking. You will hear the stories that claim your loved one is the type of person to shoot whenever he wants just because he carries a firearm. The media will be calling, if not showing up, at your residence. You will not be able to have questions answered directly from your loved one without his statements to you being used against him. Here are some tips to help you through the process.

            Privilege for spouses is not preserved on telephone calls from the jail. You may receive the news initially from your loved one who is calling from a jail. These calls are recorded, and nothing said during the call is privileged. Do not ask for details about what happened. The statements made by your loved one will be used against him in a court hearing. Ask who you need to contact for legal representation. Even better is to have these conversations ahead of time in the privacy of your home. Come out with a word or phrase that seems innocent that will activate a plan that the two of you have. It could be something as simple as “I need avocados at the Livingston County Jail.” To those listening, this might cause some alarm as inmates would not be allowed outside produce, but for your family the meaning is unique. You would have predetermined the actions steps that would be needed when you hear these words. It came be the same phrase or sentence that you would hear for a self-defense shooting.

            Determine who will speak to the media ahead of time. If any member of your family carries a firearm for defensive purposes, determine from the moment a concealed pistol license has been issued, or the firearm is openly carried, if the family will speak to the media, who will be the spokesperson, and what information will be conveyed. Do not speak about the incident. Determining what information to reveal in interviews may be done with the assistance of an attorney. This decision needs to be personal to your family and after you have considered the pros and cons of speaking with the media. This list may be generated after having a meeting with a preferred attorney to represent your family in such event and considers the advice given by the attorney.

            Have a support network around you. Develop a close support network of family and friends that can be there to support you throughout the process. Your loved one may not be granted bail if someone died. In Michigan, magistrates and judges have the discretion to deny bail for crimes involving murder. Can your support network help you with chores around your home if bail is denied? Are they willing to take you in for a few days to avoid the media? Asking these tough questions now before you need the assistance can give you the time to plan for what you will need.

            Obtain a durable power of attorney. If your loved one is denied bail, you may need to handle his affairs throughout the criminal defense. Do you have the legal authority to act on his behalf? Creditors, insurance adjusters, and others may not speak with you, even if you are a spouse, without proof that you have been granted legal authority. If you have an estate plan, update it now to ensure that you have current legal power to act on behalf of the loved one with his financial affairs. Keep a copy of this document handy, you may need it if your loved is involved a non-shooting incident and is unable to handle his financial affairs for a few months. A reputable estate planning attorney in your area can help you be prepared with the Durable Power of Attorney.

            Finally, if you receive that dreaded telephone call that your loved one stepped in to help another and is now facing criminal charges, do not hesitate. Call an attorney that practices in criminal defense and is knowledgeable about firearms law immediately after hanging up. Michigan Gun law is here to help you when your loved one decides to defend another person.

Good Samaritan Situations: Can I Use My Firearm?

Posted on by Michigan Gun Law

            Lately, my husband has been sharing with me new stories of Good Samaritan citizens putting down their cell phones and jumping in to aid police officers that are being attacked. This often starts the conversation about laws surrounding self-defense and the defense of others. In Michigan, an individual can use force to defend another individual anywhere that the person has a legal right to be with no duty to retreat provided that the person coming to the aid of the other person was not engaged in the commission of a crime at the time. (MCL 780.972).

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There are restrictions to be able to legally defend another. First, you must honestly and reasonably believe that there is a threat of imminent death, imminent great bodily harm to the other individual, or imminent sexual assault. (MCL 780.972(1)(a-b)). It is the ability to evaluate the situation to know if you could exercise this right legally. It is not enough to merely say that you had an honest and reasonable belief that your intervention was necessary. You will need to be prepared to recite what you observed that led you to the decision to act and step in to help another person.

With police officers being attacked, the belief that the officer needs assistance may be reasonable. However, it is what is not readily observable that complicates the situation. For instance, you hear a woman scream in the distance for help and that she’s being raped. You run to her aid ready to pull this attacker off and shoot him, if necessary. But do you know what is truly happening and how it started. What if the woman is a prostitute that is resisting arrest from the undercover detective working a prostitution sting. The use of force on this plain clothes police officer would not be justified.

The discussions I have with my husband are typically fact-intensive about the article that he is reading to me. Can we determine from the article if this “Good Samaritan” was justified in assaulting another human being, often with non-deadly force, to aid the uniformed officer? Specifically, I look for clues in the article that tell me at the scene and while this was happening the complete circumstances reinforced the decision to aid. What was around the area? When did the Good Samaritan arrive on scene? How much did the Good Samaritan observe before acting?

Just the other night, I was watching a television show that had a story line along this idea. A shop keeper heard someone yell “Robbery” and ran outside with his gun. On the street, the observed one man running with a gun and being followed with another man with “gun.” The shop keeper decided to shoot the first man assuming it was the robber. Later, it turned out that the shopkeeper had missed a key fact – the true identity of the robber. The shop keeper arrived outside after the robber had run past his field of view. When the shop keeper decided to fire his gun at what he believed to be a fleeing felon, he shot the bank security guard that was chasing the robber and being chased by a vlogger with a phone recording everything. In this story, the shop keeper shot an innocent man. Was he justified? The show did not say. Based on this show, my husband has once agreed that sometimes it is better to be a good witness rather than jumping to a stranger’s aid too quickly and risk freedom.

If you or a loved one came to the aid of another and are now facing criminal charges, hire a criminal defense team that understands the law and how to tell your story. Call us today, if you need someone to defend you.

Family Preparation for Self-Defense

Posted on by Michigan Gun Law

Family Preparation for Self-Defense

The Boy Scouts of America have a motto “Be Prepared.” It is taught from Cub Scouts through Venturing and stresses the importance of being ready to deal with whatever will arise at a given moment. The news tells stories of young men on camping trips were able to effectively aid others because they were prepared. The same is true for families where defending the family with a firearm when necessary is known tool in their family toolbox of self-defense tactics.

            It is simply not enough to go the local shooting range to practice with your firearm, obtain a concealed pistol license to be able to carry wherever your family is traveling, to purchase a retention holster or biometric safe for storage. If your family has decided that self defense includes be willing to actively defend your safety and lives in your home or while traveling, then you need to prepare for what will happen after the shooting.

            Decide on procedures before a shooting. In my family, we held family councils to discuss emergency plans. It is known that my husband will never sit with his back to a door. His job is watch for signs of trouble, while mine is to keep others with us calm, so they can follow his commands during a crisis. We have discussed different strategies that clearly define everyone’s roles: who will call 911, what actions we will take, when we will decide exit strategies, and what we are willing to do if we find ourselves in a location that only has one exit. We stay up-to-date on strategies for emergency first aid. These family conversations have been held with our children and grandchildren, who are able to understand and not be frightened by the discussions. We remind family members that our goal is always to come home safely and not be vigilantes.

            Decide on procedures for after a shooting. It is not enough for the individual who carries the firearm to plan for what to do after the shooting. The entire family must be prepared and trained on what to do. In our family, we have regular discussions on which attorney each of us prefers for criminal defense and what code word we will use so we can communicate to each oher what has happened. Both of us are aware that any communications to or from a local enforcement facility including a jail telephone are recorded and will be used against the incarcerated party. We know that any telephone call from these lines are not for asking what happened. Our discussions have pre-determined what the other will need to do when the code is used and how, where to find personal notes from training, and where the policies for any insurance coverage are located. We have thoroughly evaluated and decided on our family’s strategy for speaking with media.

            Take action now. You should not have to wait for a shooting to begin to prepare. Meet with an estate planning attorney and secure the proper paperwork to grant other family members the legal authority to act on your behalf. You do not want your family to be unable to act on your behalf because they do not have the authority to do so. Ensure that the designated family member can access the source of funds for bail, if granted, or attorney retainers.

Meet with prospective attorneys with your designated family member. Can you both communicate effectively with the desired attorney? Will the attorney speak with family or just the accused? How far will this attorney travel within the state? Do you have to pay those travel expenses? These are important questions to have answered before you are sitting behind bars.

            Be financially prepared, if bail is not granted. In Michigan, a judge or magistrate does not have to grant bail if you are charged with murder or a violent felony. The judge is granted this discretion in Michigan’s Court Rules for Criminal Procedure. A violent felony is defined in the court rule as a felony with an element involving a violent act or threat of a violent act against any other person. (MCR 6.106).

If the judge denies bail, your family needs to be ready to survive without you and your financial support during the trial process. You can begin to prepare for that by taking the following actions.

  1. Establish a bank account to be used only in such an emergency. It should be able to fund all necessary household living expenses for a minimum of six months.
  2. Begin now to build up a storage of non-perishable food items that your family eats and rotates on a schedule. This will minimize the financial resources required to sustain your family through the aftermath.
  3. If you are a single parent, select a guardian and conservator for your children now. Determine where your child will reside during this period. Is the other parent in agreement with your plan or will they file for a change of custody?

The preparation that your family uses may not the be same as another person. There is no right or wrong way to prepare for what will happen after your or your loved one has pulled a firearm for defense and used it. But having discussions around what to do are just as critical as the physical and psychological training that you should take to prepare.

If your family member has been charged after a self-defense shooting, call Michigan Gun Law to schedule your appointment. Better yet, call us today to schedule an attorney meeting to see if we can accomplish your goals before you need us.

Six Tips for Self-Defense Shootings

Posted on by Michigan Gun Law

By: Melissa Pearce, Founding Attorney

            Earlier this year, I attend training from Massad Ayoob. I learned some insightful tips from him during the eight-hour course, which I took to further educate myself as a firearms attorney. Most of the other attendees were there to learn tips from him on what to do in a self-defense shooting. Regardless of our reasons for attending, the key points learned from those I spoke with were similar.

            The first tip that we agreed upon was get trained in various methods. It is not enough to take just classroom training. If you carry a firearm for self defense, one day you will have to shoot that firearm and it is best to have all the training available to you that you can afford. Do not limit yourself to classroom or training in theory but take practical courses. Most of the instructors in attendance with me that day recommended simulated training that “gets your adrenaline pumping.” Depending on where you live, this may be a competition or facility that provides simulated shooting scenarios not unlike what police officers and military personnel train for. The trainers referred to this as psychological training. When you train under these simulated scenarios, practice recalling what you observed during the times you were actively shooting. Who did you shoot? What were they wearing or look like? How did they threaten you? Who else was around and how far away? This is information that you will be expected to recall and tell your attorney, investigators, and possibly a jury.

            The second tip was to preserve your notes from all training and have them accessible to your family when needed. Massad Ayoob recommends copying your notes and sending the original notes to yourself in an envelope marked “Open only in court.” I would expand on this advice and say make two copies. One for your personal review from time to time and the other to be added to a file to be given to your criminal defense attorney when needed. This file should be kept in a location that is accessible to family members or friends and known to them. You do not want your training notes unavailable to your attorney because your family cannot find them while you are in jail awaiting your trial.

            The third tip follows up on the second one – document your training. Keep a log of when, where and from whom you take your training. Write down your trainer’s name and contact information. Your attorney may want to call this person to testify on your behalf on what your training involved. Some trainers may offer to assist in your case free of charge. If that offer is made, write it down and the time said. Do not rely on a certificate to provide the information your attorney will need. If you are a range practicing drawing a firing your firearm, document the dates and locations as well.

            The fourth tip is for after the shooting – call 911. Your purpose in a self-defense shooting is to stop a threat. Once that threat is stopped, ensure your safety at the location and call 911 to get assistance for the individual shot and possibly yourself, if needed. However, it must be clear that 911 calls are recorded and what you say on the operator will be reviewed by the prosecutor and likely played in a trial, criminal or civil, against you. Limit what you say to the location, that there has been a shooting, and how many people need assistance. If you are with a trusted friend or family member, ask them to call as you will still be under the effects of adrenaline. Do not rely on bystanders to communicate for you because they will be called to testify against you, if the police or prosecutor do not feel the shooting was justified.

            The fifth tip is to have a standard operating procedure that can be implemented by you or family after the shooting. Secure your firearm safely and away from any individual. Do not be holding the firearm when the police arrive. If you can unload it, do so. Inform the police that you are willing to cooperate after you have spoken to your attorney. Have someone call your attorney. Let your family know where they can access your defense fund or insurance policy for self-defense shootings. It is recommended that you have one or the other. Criminal defense attorneys in Michigan will likely charge you a retainer of five figures to accept the case. Your defense will likely run into the hundreds of thousands of dollars. Will your family have access to this amount of money?

            The final tip is to talk to attorneys beforehand. Interview attorneys who practice criminal defense and those who handle civil litigation. You may need both types of attorneys after a self-defense shooting. Do not rely on one or two in your area. Find attorneys that are knowledgeable with the firearm laws of the state as well as criminal defense or civil litigation. Compile a list of attorneys around the state. If you are away from your home when you need to defend yourself or family, you will want to know who you trust in the area as an attorney to represent you. You may be able to use the attorney from your home county, but are you prepared to pay travel expenses and accept that the attorney will be an outsider to the local courthouse. Knowing the judges’ practices and procedures as well as the local courthouse nuances is just as critical as knowing the law. When you are interviewing attorneys, ask about using an attorney you trust as a second attorney on the case with local counsel in areas that you travel to frequently.

Remembering 9/11

Posted on by Michigan Gun Law

Seventeen years ago, the nation stood still. We stopped and watched in horror as terrorists used passenger airlines to attack us. They did not come with armies of soldiers, but a handful of men who were willing to die for their cause. I still remember the call from my boss asking me to watch the television for him while he was in court. He called repeatedly for updates. His calls were the only ones that came that day. Businesses shut down, school children were picked up early from class as parents worried where the next attack would come from, and the skies were empty for days. Young children could not comprehend why their favorite shows were replaced by news. These are all memories that I still have of 9/11. Many of you might have similar memories of that day.

Photo credit: Business Insider

But there are lessons from that day, I still remember. We are no longer viewed as “king of the hill.” The world saw and learned how to attack us and bring our nation to its knees. The weakness in our armor was aired repeatedly for hours on end.

Since I was young, people have tried to teach how to protect myself. The first lessons I remember came from my father. He would teach me things of always being watchful and to never trust a stranger. I was the only girl in a family of five, and I was his daughter. My father wanted to protect me no matter what, but he knew that he could not and would not always be with me. So, he tried to teach me to think in ways that would save my life. Some of his early lessons were to always walk against traffic, know another way to get where I needed to be, or to never trust a weapon for my protection.

The last lesson is one that I still use today. Never trust a weapon for my protection. He taught me that weapons can fail or be taken from us. But our greatest tool for self defense can never be taken from us – our mind. I remember the lessons about developing a mind that could assess danger from a distance and trusting my instincts about people from the first moment. The moments he had with me trying to teach his only daughter to be safe in a world that I had no idea could be dangerous became the foundation for my instincts. It was on this day that I realized what he meant as I analyzed the events of the day and realized as a nation we forgot to watch our back.

Those lessons were later built on by my husband, who further taught me about awareness as a first line of self defense. My husband teaches a course called “Refuse to Be A Victim.” It is about learning to identify danger when it is not imminent and how to protect yourself. As I sat through his class before I started law school, I realized this was my father’s teaching. We are only a victim when our mind cannot see the danger in the distance or we surrender rather than fight. These teachings stirred up an instinct all of us are born with, I call it the “mama bear instinct.” Just a mother bear will do anything she needs to do to protect her cubs, each of us is born with similar instincts, whether we are male or female.

On this day, we vow to never forget what happened seventeen years ago, act to ensure that it never does. Enroll in a class about self defense, whether it is karate, Krav Maga, or a concealed pistol class. But don’t just train your physical body, if you want to learn how to strengthen and learn how to trust in your instincts, call (248) 676-8978 to enroll in our sponsored “Refuse to Be A Victim” class starting on October 27, 2018.

Estate Planning for the Young Family: Is It Right for You?

Posted on by Michigan Gun Law

By: Danyelle Griffith – Client Coordinator

Estate planning is not something that most young people think about. As a young person, I can attest that a good portion of us think about the immediate future and not what could happen weeks, months or even years from now. Since we are young, we do not think about dying; however, it can happen! The aftermath of not planning can have your family in a whirlwind of paperwork and court visits trying to settle your affairs.

That is one of the reasons that I felt I needed an estate plan for myself. My situation is unique and not like most people my age. As a young, soon-to-be divorced mother of three young girls, their safety and future are always on my mind. I am constantly wondering if I am going to be raising them right, will they turn out to be good people? And it does not end there. Shortly before my twins were born this past April, I started to wonder what would happen if I wasn’t here for them? What happens to my bills? What happens to my girls?

The Griffith Twins

Without divulging too much information, my situation at that time was not the best. I had been separated from my soon-to-be ex-husband – who was not in a good position to take care of our children if something happened to me – for about seven months. I had no plan for myself or my kids if something were to go wrong when I was giving birth, which there is typically a higher risk with twin pregnancies. Fortunately, I work for a law firm that handles estate plans regularly. My co-workers were willing to have that conversation with me that opened my eyes to the options that were available to me. I could set up a plan for my kids and myself if something unexpected were to happen. I needed to set up an estate plan, for my own peace of mind.

The plan I had set up for me was basic. It laid out who was to take care of my children if I passed, who would get what in the event of my passing, who would make decisions for me if I was unconscious, and what my final wishes were. This is not something most twenty-four-year-olds think about. In fact, a lot of young people like myself have nothing set up for themselves. If something were to happen to them, their family may run into trouble as it comes to their final wishes and expenses, or if they are just simply unconscious, their family may not be able to get the information that is needed from the medical field to make an informed decision for them because they do not have the authority. When everything is planned out, there is no question for anyone involved.

After I set my plan up, a huge sense of relief rushed over me. I knew my girls would be taken care of in a way that they would be safe and provided for. I knew that everyone knew exactly what their role to play would be in the worst-case scenario. Planning, in my eyes, was the best decision I could have made. Even though I simply had a basic plan, or a Will and Powers of Attorney drafted, I knew that even if the courts had to become involved that I had made the process that much easier for my family.

As my situation changes, I will be going back and changing my estate plan, just as I think everyone should. It is the responsible thing to do. Planning for your future according to your situation now is how we best prepare for our future. You never know what is going to happen. Being prepared, as a parent, is sometimes hard to do, but for me, an estate plan was an easy place to start.

If you are a young parent, or just simply a young adult, please call Michigan Gun Law today at (248) 676-8978 to start drafting your estate plan. Today is guaranteed, tomorrow is not. Do not leave your families in shambles if something should happen to you.