ALEX KINCAID: THE NEW FACE OF GUN RIGHTS

ALEX KINCAID: THE NEW FACE OF
GUN RIGHTS
INTERVIEW BY RACHEL ALEXANDER
Alex Kincaid holds a Bushmaster AR-15 with Magpul
furniture and EOTech red dot sight. (AMANDA ALLARD)
A
lexandria Kincaid is a former
elected district attorney and
now an attorney in private
practice with a Second Amendment
practice in Idaho and Oregon. As a
DA, she visited homicide scenes to
lead a major crimes team in making
determinations of whether shootings
involved the lawful use of deadly
force. Kincaid is chief counsel and
public relations director for the
Idaho Firearms and Accessories
Manufacturers Association. She
drafts and supports pro-gun
legislation, which has been backed by
the NRA. She is referred to as Idaho’s
Second Amendment attorney and
legislative advocate. She hosts the
“Gun Law Podcast.” Her “10 Things
Every Gun Owner Must Know About
Deadly Force” is a must read for any
gun owner.
Greg Pruett, Founder of the
Idaho Second Amendment Alliance,
from creditors, bad family issues, etc.
I was living in a smaller county on the
Oregon coast, so people knew me.
People started to come to me with
criminal issues too, wanted to put me
on retainer. I knew how to talk guns.
I didn’t want to take a retainer, but I
started focusing on firearms issues
that came up; issues in business or
estates that related to firearms laws,
and counseling people on gun laws.
There are so many gun laws
that responsible gun owners don’t
know about. Possession or transfer
violations are much more likely to
occur than having to use a firearm
in self-defense. For example, a client
received a firearm from a brother
who lives in a different state. Private
party transactions between states
are regulated. It’s a federal crime
to transfer firearms between states
without going through a dealer. He
should have used a dealer.
I advise people on how to avoid
the accidental felony. Now, gun trusts
have become a fad, but I’m not trying
to market gun trusts. I want to help
people recognize all the laws you
has said about her, “Alexandria
Kincaid is Idaho’s most respected
2nd Amendment lawyer. She is top
notch when it comes to defending
Idahoan’s gun rights!” I was fortunate
to interview this busy, ambitious gun
gal who dwarfs me when it comes to
women, firearms and the law.
need to know about in order to own
a gun. Forefront in the last couple
of years has been possession and
transfer. Idaho enacted an enhanced
concealed-carry permit law last year.
That new law requires an attorney
or law enforcement officer to teach a
two-hour legal portion.
I created my training to go over
federal laws, state laws, national acts,
and I go into depth on possession and
transfer. Most people are amazed.
Everyone walks away saying thank
you, they had no idea it was so
complex. People might look things up
on the Internet, and find an answer in
one law, e.g. state law, but don’t realize
there is a whole other level of laws at
federal level.
RACHEL ALEXANDER How did you decide
to become a Second Amendment
attorney?
ALEXANDRIA KINCAID It happened after
I went into private practice. I had
been a DA for almost a decade. My
goal was to keep people out of the
court system if possible. I opened
Asset Protection firm where I did
estate planning to protect people
All my clients are gun owners,
dealers or manufacturers. I started
a Homefront Defense Team that
provides 24/7 legal insurance. Now
there are insurance companies and
prepaid legal popping up with these
plans, but they have attorneys who
aren’t experienced in these areas. I
have a screened 24/7 number now for
referrals like that. I’m really big into
education, and have created videos
with a team to educate people. I am
writing materials. They are live classes,
since the enhanced concealed carry
class in Idaho must be live instruction.
RA How did you get into shooting? I
see you were raised in a family who
shot guns, and you learned to shoot
at age five. What kind of shooting did
you do, and did you hunt?
AK I started shooting with my dad,
then my brother and I shot .22 soda
cans in the country. Next we shot
birds, quail and pheasant. After high
school, I became more interested in
self defense, and purchased my first
handgun. I went to college and law
school and became a prosecutor,
dealing with evil people. I am just now
getting back into hunting; I have a tag
for elk, turkey and wolf. Wolves here
are a nightmare. We live outside of
Boise, where it’s hills and not much
else. We see wolves; there was a wolf
killing of a family dog recently. As
long as you get the tag here, it’s OK to
shoot them.
RA Any favorite guns – I see your bio
mentions a Walther PPK – or types of
shooting?
AK The Walther PPK was my very first
concealed carry gun and is still my
favorite. My husband bought me a
Kimber Solo for our anniversary. We
have the Steel Challenge here, and I’m
also getting into long range. My dad
builds long-range rifles.
RA You’ve written, “Guns & Ammo
recently ranked ‘the best states for
gun owners 2013’, which yielded
some surprising results. Idaho gun
enthusiasts were surprised to see gunfriendly Idaho coming in at number
westernshootingjournal.com 63
32.” (Washington is at 40 and Oregon
is at 32) Since many of our readers are
from Idaho, can you explain why this
is so?
AK The ranking may not be quite
accurate; they may be looking at
statute wording more than case law.
It was self-defense laws where Idaho
scored low, with a two out of 10.
It’s an archaic statute. Last session,
I drafted a proposed new castle
doctrine to match Florida’s statute,
with a presumption in favor of the
homeowner. A campus carry bill
was passed, which took up the entire
Kincaid aims her 1939 German Mauser K98k,
with original Nazi markings. (OLEG VOLK)
session, so the castle doctrine bill will
come up next session.
Sporting an IWI Tavor. (OLEG VOLK)
RA When I was practicing law, I
encountered interesting things
because I’m female. After I was hired
as a high-level advisor under the
Maricopa County, Ariz., attorney, I
would have people ask me, “So what
do you do at the county attorney’s
SOPHISTICATED
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office? Are you a secretary or
paralegal?” What has been your
experience as a woman in the
firearms industry?
AK There are pros and cons. It can be
easier to get noticed, because there
are not a whole lot of women. Some
regard me with skepticism initially. I
get asked frequently if I’m an attorney.
In every audience, there is some
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westernshootingjournal.com 65
guy who doesn’t think I have the
answers. It just pushes me to be the
best. I always go in prepared with the
answers and shut them down. I know
the law. There will always be stalkers
and haters.
I don’t want to be portrayed
as a “victim,” but I am a survivor
of domestic violence – my ex
strangled me. One of my passions
This custom FN FS2000 has white
cerakoting, an Aimpoint red dot sight, and
a GemTech lGT5 suppressor. (OLEG VOLK)
66
Western Shooting Journal // September 2014
is empowering other women to not
be victims – I hold free concealedcarry classes (in conjunction with
an NRA instructor who volunteers)
for women, and love helping women
understand the ins and outs of gun
ownership and self-defense.
on educational pieces.
RA What kinds of situations might a
person consider hiring you? You also
practice other types of law.
AK I can help with almost anything
firearms related: Second Amendment
rights, restoring gun rights, planning
to protect firearms, defending selfdefense situations. I can assist dealers
who have had their license revoked.
I obtained a pardon for a client who
was in jail, in order to get his gun
rights restored. I still do estate and
business planning.
RA Are you available for
representation in just Idaho and
Oregon or any other states?
AK I’m only licensed to practice law
in those two states, but I can always
hook up with an attorney in any state
and be the specialist.
RA Is your HomeFront Defense Team
available yet?
AK It is, and the website should be up
by the time this comes out. The team
is available; they are currently working
RA I see you’ve been on my friend Austin
Hill’s radio show. What is that like?
AK Austin is awesome, he always
brought up the right points. He had
me on quite a bit.
RA You’ve accomplished quite a bit. Any
future plans, like running for governor
of Idaho or president of the NRA?
AK I will do whatever it takes to protect
the Second Amendment. I can do
more through education than political
office. I am working on a book about
the gun laws and was hoping to
have it done by now. I just started an
export company to get people into the
international market. WSJ