Starting a CHL Instructor business

[sstevens]

Hey all... I just joined this forum and there is a ton of good info here! Thanks for having it! I received my CHL instructors' certification this past June but am only now beginning to get my business off the ground. I am almost finished completing my webpage, I also have a business page on FB. I understand that I do not need a TX ID since there is no sales tax on instruction, but if I am not mistaken all I need to do is apply for a DBA and obtain liability insurance (I'm in Harris County, Houston). Is this correct?

Any recommendations on training materials? I know that TCHA has matertials but has anyone found anything else worth checking out? I do have a classroom that I will be able to use for my classes but now I need to find a range that will be willing to work with me on doing our qualifications.

Thank you in advance for any help you can throw my way.

PS... anyone have any land they would consider leasing out for setting up a CHL range I would be happy to discuss options.

Scott Stevens

TXCHL since 2004
USCC Member
NRA Member
NRA Certified Range Safety Officer

[texasjeep44]

You do need to register your DBA with the county which you are going to operate your business in.

Liability insurance is your call. Depending on the range you shoot at they might be covered depending on who it is affiliated with or what not.

I started with the TCHA powerpoint, but made quite a bit of changes to it to fit my teaching plan and style. It is not a bad place to start though, it give you a pretty good base.

Oh, and good luck with it.

[sstevens]

Thanks Jeep!

[KC5AV]

I've found the material provided in the instructor school to be some of the best material to teach from.

[bkj]

The hardest part will be finding a class room you can afford

[RoyGBiv]

IMHO you should set up a separate company (legal business entity registered with the State) to do this business.

As an individual using a DBA you have no protection from anyone that might sue you for a business reason, or from any accident that might happen during your class. You're in a business that involves firing guns. Even if you have liability insurance, if you do not have a separate business entity and have a judgment against you in excess of your insurance limit, the prevailing party can take your personal assets as well. Setting up a separate legal entity puts up a wall between your business life and your personal life that judgments typically (not always) cannot cross...

I am not a lawyer, just a business person. This is my personal opinion, not legal advice.

Good luck with the business.!!

EDIT: http://community2.business.gov/t5/Busin ... ba-p/29393" onclick="window.open(this.href);return false;

* Liability Protection
When you register your business, you will declare a business structure (LLC, non profit, S-Corporation, etc). Your business structure determines the amount of regulatory paperwork you have to file, the taxes you have to pay, and your personal liability regarding investments into your business. Certain business structures, like LLCs and corporations, provide personal liability protection for business decisions or actions of the LLC. This means that if the LLC incurs debt or is sued, its members are not required to satisfy the claims with their personal assets.

Limitations: http://en.wikipedia.org/wiki/Piercing_t ... orate_veil" onclick="window.open(this.href);return false;

Assistance: http://www.sos.state.tx.us/corp/related.shtml" onclick="window.open(this.href);return false;
Cost is $300 to register an LLC in TX..... Well worth it...
Oh.. and... Quickbooks is a million times easier to use than Peachtree. DAMHIK

[texasjeep44]

IMHO you should set up a separate company (legal business entity registered with the State) to do this business.

As an individual using a DBA you have no protection from anyone that might sue you for a business reason, or from any accident that might happen during your class. You're in a business that involves firing guns. Even if you have liability insurance, if you do not have a separate business entity and have a judgment against you in excess of your insurance limit, the prevailing party can take your personal assets as well. Setting up a separate legal entity puts up a wall between your business life and your personal life that judgments typically (not always) cannot cross...

I am not a lawyer, just a business person. This is my personal opinion, not legal advice.

Good luck with the business.!!

If your teaching the class, don't you think they can sue the business as well as the instructor?

If you work for company x and are driving their truck, then you run a stop sign, more than likely you will be sued as the driver and the company will be sued as well.

Forming a business doesn't mean you have blanket liability protection. Forming an LLC, or Corporation might give you liability relief, then again, it might not, depending on what they are suing for. As a member of a LLC you can be a limited member or a general member. As an owner of a corporation your limited to corporate losses up to the value of your investment, but that doesn't mean as a shareholder or employee your exempt from being sued for something you do personally whether on or off the job.

[RoyGBiv]

Firstly.... Anyone can sue anyone. But winning the suit is another matter. And which entity pays is yet another.

Do you REALLY think that doing business as a corporation provides NO benefit re: personal liability protection? It's just a waste of time and filing fees? That all the millions of business owners are fools for registering their business instead of operating as individuals under an assumed business name (DBA)?

I'll not argue with you, except to say that I disagree in the strongest (but polite ) way.

I would not operate ANY business, especially a business involved with shooting firearms, outside of a registered business entity. YMMV

Cheers.

[texasjeep44]

If you can find where I said it is worthless, please paste it, or where I said that people who form other legal entities are fools. If you find anything in my post that is wrong, please correct it for us.

I know full well what it takes and what many of the advantages and disadvantages or various entities are, especially as it relates to tax issues since that is what I do for a living, and trust me, having a legal entity formed has not stopped some of my clients from being sued, even personally.

BTW, if there is more than one person in the business, they don't really have much choice but to form a separate entity for the business, that accounts for many millions of ones that are formed.

[RoyGBiv]

I overreacted, a bit on purpose I suppose... I apologize.

I made a recommendation, and your post said (my interpretation) "yeah, but you can still get sued".

I felt that your comment would lead folks potentially to believe that forming a legal corporation would be time and money spent for nothing, because "you can still be sued"...

I agree with you that anyone can sue you for anything, whether their case has merit or not. That's why we need "loser pays", but that discussion is for a different thread...

However, there is very real personal liability protection provided by forming a corporation. I believe strongly that being in a firearms related business without using a corporate entity is a HUGE risk. Is a corporation fail-safe? Certainly not. But it is IMO irresponsible (to yourself, your family, etc.) not to have it. Yes, "you can still get sued personally". But you have a much better chance of keeping personal assets safe by operating from within a corporation. $300 for formation, get an EIN from Uncle Sam and Uncle Perry, set up a separate bank account, file some extra paperwork each year. A small hassle for big protection, IMO, YMMV.

Of course all of this is my personal opinion, not legal advice as IANAL.

Peace...

[sstevens]

Thanks guys.. man, didn't realize this would spark such a debate! Thought we were all on the same side here?! All of you have offered great info and opinions... I would rather err on the side of safety than not so I most likely will consider an LLC or a Limited Liability.

Anyone in the Houston area want to team up let me know...

Thanks,

Scott