Possible great idea!!!! Need lawyers to read.

Possible great idea!!!! Need lawyers to read.

This is a discussion on Possible great idea!!!! Need lawyers to read. within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I just had a possible idea that could be the best thing to happen to concealed carry self defense. What if you incorporated an Limited ...

Page 1 of 2 12 LastLast
Results 1 to 15 of 24

Thread: Possible great idea!!!! Need lawyers to read.

  1. #1
    Member Array bigiceman's Avatar
    Join Date
    Aug 2007
    Location
    Fort Worth, Texas
    Posts
    491

    Lightbulb Possible great idea!!!! Need lawyers to read.

    I just had a possible idea that could be the best thing to happen to concealed carry self defense.

    What if you incorporated an Limited Liability Corporation (LLC) for the defense of your family and your property? This would be akin to a Private Military Corporation (PMC). In the event of an incident where you had to defend yourself, your home, or family, you would be acting as the agent of an LLC and your personal finances and assets would be immune to civil persecution or attachment. Sort of like hiring yourself as a bodyguard for your person, your property, and your family. In addition the expenses of obtaining your equipment, and maintaining proficinecy with them, would be charged against the LLC and might even get you a tax break.

    Could this idea hold any water?
    Last edited by bigiceman; September 23rd, 2007 at 05:24 PM. Reason: grammer and puctuation correction
    But if you are authorized to carry a weapon, and you walk outside without it, just take a deep breath, and say this to yourself...
    "Baa."
    LTC(RET) Dave Grossman

    Revolutionary War Veterans Association Shooter Qualification: Cook


  2. #2
    Senior Member Array bobcat35's Avatar
    Join Date
    Aug 2007
    Location
    Pennsylvania
    Posts
    664
    it seems to be a good idea. so long as events such as the recent blackwater ordeal are avoided. that in mind an added insurance might be needed to cover accidential deaths and such. after all sometimes even the good guys miss and wether the round strikes the neighbors nicely painted car or someone down the street such coverage would be warrented.
    "Nothing in life is so exhilarating as to be shot at without result."
    -Winston Churchill
    Every well-bred petty crook knows: the small concealable weapons always go to the far left of the place setting.
    -Inara, firefly

  3. #3
    Administrator
    Array SIXTO's Avatar
    Join Date
    Oct 2006
    Location
    Ohio
    Posts
    19,977
    Hmm. I dont know about this one...
    "Just blame Sixto"

  4. #4
    Distinguished Member Array P7fanatic's Avatar
    Join Date
    Jun 2007
    Location
    Texan in NWFlorida
    Posts
    1,588

    Cool

    Quote Originally Posted by SIXTO View Post
    Hmm. I dont know about this one...
    Is that a legal opinion?



    "The price of freedom is eternal vigilance." -Thomas Jefferson

    "Liberalism is a Mental Disorder." -Michael Savage

    GOOD Gun Control is being able to hit your target! -Myself

  5. #5
    Member Array Philbert's Avatar
    Join Date
    May 2007
    Location
    USA
    Posts
    63

    Post

    Interesting idea. I believe it would depend on how the "liability statutes" are worded in a particular state. If your state has passed the "Castle Doctrine" into law, as I believe 18 states have, then something like that probably wouldn't be necessary. Would be good to hear an attorney's insight on this though.

  6. #6
    Member Array bigiceman's Avatar
    Join Date
    Aug 2007
    Location
    Fort Worth, Texas
    Posts
    491
    Quote Originally Posted by Mags View Post
    Interesting idea. I believe it would depend on how the "liability statutes" are worded in a particular state. If your state has passed the "Castle Doctrine" into law, as I believe 18 states have, then something like that probably wouldn't be necessary. Would be good to hear an attorney's insight on this though.
    The only problem with Castle Doctrine laws is how the court handles them. In some states they have said that the law may protect you from punishment, but that is the subject of the trial you are going to have to pay for. So although you may end up exonorated, you are still out big bucks.

    I really do hope we get some lawyers to chime in.
    But if you are authorized to carry a weapon, and you walk outside without it, just take a deep breath, and say this to yourself...
    "Baa."
    LTC(RET) Dave Grossman

    Revolutionary War Veterans Association Shooter Qualification: Cook

  7. #7
    Member Array Biloxi Bersa's Avatar
    Join Date
    Sep 2006
    Location
    Biloxi Mississippi
    Posts
    399
    Mississippi's castle doctrine provides immunity from civil action as well as criminal prosecution.

  8. #8
    Ron
    Ron is offline
    Distinguished Member Array Ron's Avatar
    Join Date
    Aug 2006
    Location
    West Linn, Oregon
    Posts
    1,628
    It would not work, because even as an agent of a Limited Liability Company or Corporation you are still personally liable for torts or criminal acts which you personally commit. The only difference is that if you were found to have been acting within the scope of your authority as an agent of the LLC or corporation, then, in addition to you being personally liable, the LLC or corporation would be liable as well.

    Ron
    "It does not do to leave a dragon out of your calculations, if you live near him."

    J. R. R. Tolkien

  9. #9
    Administrator
    Array SIXTO's Avatar
    Join Date
    Oct 2006
    Location
    Ohio
    Posts
    19,977
    Quote Originally Posted by P7fanatic View Post
    Is that a legal opinion?



    Yes, I just didnt have time to expand on it. Now that I do have the time, Ron beat me to it.
    "Just blame Sixto"

  10. #10
    Moderator
    Array Rock and Glock's Avatar
    Join Date
    Nov 2005
    Location
    Colorado at 11,650'
    Posts
    12,733
    Personally, as a non attorney with a lot of experience with various types of limited liablity vehicles (limited partnerships, limited liability companys, corporations, etc.) as a CPA, I really doubt it would pass muster under legal assault. There will be no legitimate tax benefits that I can discern.

    The liabilty protection issues have been well litigated in professional arenas for years (i.e. Doctors, etc.) and to really hold water in court, there are volumes of requirements. More than easily summarized. A good attorney will easily "pierce the veil" of the liability limiting entity unless all of the p&q's are followed religiously. Expensive to do correctly, expensive to maintain, and of aruably marginal benefit.

    Personally, I'd pass.

    Edited to Add: A good Personal Liability Umbrella would be better IMHO.

  11. #11
    New Member Array jetmak2002's Avatar
    Join Date
    Nov 2006
    Location
    La.
    Posts
    12
    Ron's on the money-

  12. #12
    Member Array bigiceman's Avatar
    Join Date
    Aug 2007
    Location
    Fort Worth, Texas
    Posts
    491
    Thanks, it was just an inspiration. I wondered if there could be anything to it. Too bad.
    But if you are authorized to carry a weapon, and you walk outside without it, just take a deep breath, and say this to yourself...
    "Baa."
    LTC(RET) Dave Grossman

    Revolutionary War Veterans Association Shooter Qualification: Cook

  13. #13
    Member Array whitestone's Avatar
    Join Date
    Jun 2006
    Location
    Arizona
    Posts
    111
    This gets an A for effort, but . . . as stated, the answer is to get an umbrella or liability policy. If it worked, OJ and his lawyers would have tried something similar during his civil case. Even now, he can't argue that it was his memorabilia company that took the stuff back in Las Vegas. That gets him nowhere.

  14. #14
    Member Array xd.40sub's Avatar
    Join Date
    Aug 2007
    Location
    magna, ut
    Posts
    307
    too bad.... but great line of thought. Keep them wheels turning
    do what you can with what you have where you are at (theodore roosevelt)

  15. #15
    Member Array ttpete's Avatar
    Join Date
    May 2006
    Location
    Mich
    Posts
    333
    Our castle law in MI provides immunity from civil suits for a righteous shoot, and also provides that if someone does file one, that person is liable for all legal fees and expenses incurred by the defendant.
    NRA Benefactor member
    Michigan Antique Arms Collectors life member
    Ohio Gun Collectors member

    Opinions expressed here are based upon Michigan state law ONLY. Other state laws may differ. Know and observe your local laws.

Page 1 of 2 12 LastLast

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Had a great idea...pics to prove it.
    By jca1 in forum Off Topic & Humor Discussion
    Replies: 16
    Last Post: December 17th, 2009, 06:21 PM
  2. Great idea for a new movie
    By ExactlyMyPoint in forum Off Topic & Humor Discussion
    Replies: 4
    Last Post: July 8th, 2008, 10:17 PM
  3. What a great idea.......but...
    By cannon in forum Defensive Carry Holsters & Carry Options
    Replies: 3
    Last Post: March 29th, 2008, 10:48 PM
  4. Great idea for a defensive weapon
    By tns0038 in forum Defensive Carry Guns
    Replies: 2
    Last Post: March 3rd, 2008, 08:02 AM

Search tags for this page

conceal carry defense lawyers fort worth

Click on a term to search for related topics.