Alex Kincaid: Idaho’s Second Amendment Guru
Interview by Rachel Alexander
Alexandria 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 the major crimes team in making a determination of whether a shooting 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 & 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, 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.
Rachel Alexander How did you decide to become a Second Amendment attorney?
Alexandra 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 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 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 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.
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 that shot guns, and you learned 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 gun friendly Idaho coming in at number 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 session, so the castle doctrine bill will come up next session.
RA When I was practicing law, I encountered interesting things because I was female. After I was hired as a high-level advisor under the Maricopa County Attorney, I would have people ask me, “So what do you do at the county attorney’s 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 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 is empowering other women to not be victims — I hold free concealed-carry 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.
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 self-defense 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, hiring an associate to handle.
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 on educational pieces.
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 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 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.
Originally published at americanshootingjournal.com on April 6, 2015.