Question for the Instructors

Question for the Instructors

This is a discussion on Question for the Instructors within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; For those of you that teach CHL classes, how many of you have your businesses set up as sole proprietors vs, and LLC or a ...

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Thread: Question for the Instructors

  1. #1
    VIP Member Array farronwolf's Avatar
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    Question for the Instructors

    For those of you that teach CHL classes, how many of you have your businesses set up as sole proprietors vs, and LLC or a Corp?

    The wife and I are going the first part of July to become Texas CHL Instructors, and I have just about decided that I really should set up an entity that will limit our liability in case there is a student that does something really stupid and somone gets hurt.

    I don't know first hand of any ND during CHL classes or anyone getting hurt, but that possibility certainly does exist. I know the NRA sponsors an insurance program for instructors, but one more line of protection doesn't seem like it would hurt.

    So, how many are sole proprietors, versus LLC's or Corps?

    Thanks.

    Mods, if this needs to be under training or another section, please move it.
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  2. #2
    Senior Member Array RebelRabbi's Avatar
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    I used to have a Corp. with Officers. It was a major pain because I had to do quarterly Taxes, minutes etc. My advice is check with a coroporate attorney in your state for the best idea. Insurance usually has an exception clause if YOU are negligent. If an accident occurs on YOUR Range YOU are going to be negligent. Insurance is probably a waste of money. You have to keep your personal assets and your business liability seperate, you need a lawyer for that.

  3. #3
    Senior Member Array JohnLeVick's Avatar
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    I've been a TX CHL Instructor since 1995, always as a sole proprietorship, but it is not my primary business, by a long shot. In fact, I reported a substantial loss on my Schedule C for 2009 for my CHL business, and didn't even deduct everything I could have. I'm a full-time attorney.

    As to matters of insurance and personal liability, that is what I do every day. The Texas CHL statute actually gives instructors better immunity than the state itself has as a governmental entity, so you have some pretty good protection there. I have an Excess Personal Liability policy from NRA which would cover me if I ever were sued for negligence, and the premiums are cheap. An earlier poster indicated something about exclusions for one's own negligence, and that is not accurate. Most liability policies have exclusions for intentional acts, and some have gross negligence exclusions, but the purpose of a personal or commercial liability policy is to protect one if he's sued for his negligence or that of his employees. Good stuff to have, and at the price, ill-advised not to.

    Statutory immunity does NOT mean you can't be sued; it just means that you'll likely win if you are sued. The best protection the liability policy provides may be the payment of your attorney fees for whatever it takes to get your lawsuit dismissed or otherwise disposed of. That can be a lot.

    Some folks think that setting up a corporation insulates one from personal liability. Not always, but sometimes.

    Don't take what I say as legal advice; go see a lawyer when you are ready to set up your business, and be sure to see one that knows something about civil litigation AND business entities. That may require two different lawyers. I don't do brain surgery or tax law, but I'd probably be better at brain surgery.

    Good luck with your endeavors, and enjoy the CHL Instructor cadre at DPS. Some good folks there. REALLY nice range over between Georgetown and Florence, too.

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