How Do I Select a Gun Trust And Firearms Attorney In Alabama ?
Before choosing a gun trust or firearms attorney in Alabama, clients should question their potential attorney about the attorney’s prior experience with gun laws.
At a minimum, they should ask the following questions:
1) Where did you learn about the gun laws?
2) Do you have any gun-related criminal law background?
3) Have you written any articles or taught gun law classes?
4) What estate or business gun-law related issues have you resolved for your former clients?
If your estate or business involves firearms in Alabama, make sure your attorney is well-versed in both state and federal gun laws. After all, there are thousands of gun laws on the books, and without some prior experience, you should question the attorney’s ability to protect you. Remember, each attorney’s particular knowledge and experience that they can offer to their clients is different, and not all gun trusts are created equal.
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Gun Trust In Alabama For Firearms That Are Subject To The National Firearms Act
Gun owners in Alabama who are considering adding an NFA firearm (firearms subject to the National Firearms Act) to their collection should consider creating a gun trust before they make the acquisition.
The most popular NFA firearms in Alabama are suppressors, short-barreled rifles, short-barreled shotguns, and fully automatic firearms. The National Firearms Act was passed by Congress in 1934. The NFA imposed a special tax on NFA firearms, and restricts the possession and transfer of NFA firearms to the person who has paid the tax. If you are considering acquiring or building an NFA firearm, you need to know the laws that pertain to these special firearms. Readers are encouraged to read Alexandria Kincaid’s book, “Infringed” to more fully understand the laws, including the NFA, and avoid committing an accidental felony.
What Special Laws Apply to NFA Firearms In Alabama ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in Alabama. These firearms are commonly referred to as “Title II” firearms and include machine guns, short-barreled rifles and shotguns, suppressors, destructive devices, and “any other weapons” (AOWs). State laws may also further restrict the possession and use of these weapons. In many states, it is legal to own and use
suppressors, destructive devices, and AOWs as long as the NFA regulations are followed.
Gun owners in Alabama wishing to acquire Title II firearms can do so by registering the firearm in their own name or in the name of an entity. If you choose to acquire the NFA firearm in your own name, you must submit fingerprints, a photograph, pay a $200 application fee/tax, and obtain the signature of the Chief Law Enforcement Officer (CLEO) in the jurisdiction where you live. In some cities and counties, the CLEO signature is very hard, if not impossible, to obtain.
The Best Way To Own Title II Firearms In Alabama
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in Alabama. Only the individual in whose name the firearm is registered will be entitled to possess the NFA firearms. Leaving these firearms accessible to other people living in your home can be a crime.
As a result of the drawbacks of individual ownership, combined with the CLEO non-participation in the application process, many gun owners in Alabama have resorted to forming an entity to purchase and hold Title II firearms. There are several advantages to using an entity to purchase and hold NFA items:
• No fingerprints are required.
• No photographs are required.
• No CLEO signature is required.
• In contrast to individual ownership, multiple people may possess the firearms.
The question then becomes which type of entity is best to hold Title II firearms In Alabama. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in Alabama can be used to obtain Title II firearms. The problem with these entities is that they all require fees and a public record with the state. You must pay an initial fee to form the entity and in many states, a yearly fee to maintain it. Further, these types of entities are designed to earn money rather than to hold, share, and distribute firearms.
Business entities in region~ rarely address what will happen to the firearm when the creator of the entity becomes incapacitated or dies. Despite these drawbacks, some gun owners choose to use a business entity due to the ability to obtain asset protection of the firearms with such an entity. When gun owners create an LLC to hold firearms, the LLC is still often combined with a gun trust, so the gun owner receives the best of both worlds: asset protection and estate planning combined.
Gun Trust In Alabama Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in Alabama are primarily an estate-planning tool, they are designed to hold, share, and distribute assets. A proper gun trust will address what happens to the firearms when the creator of the trust becomes incapacitated or dies. While a person could use a free trust provided by a gun shop (which is the “unauthorized practice of law”) or downloads one from a discount online source, these products do not protect a person’s family and friends adequately.
A proper firearms trust is designed for owning, sharing, and eventually distributing firearms, ammunition, and accessories.
This Article Is Provided by Attorney Alex Kincaid
On-Line Conceald Carry courses for 8 different states and gain up to 40 states with recipocity agreements!
The Alabama State Constitution states: "That every citizen has a right to bear arms in defense of himself and the state."
The State preempts local regulation of handguns. The handgun preemption statute reads "the entire subject matter of handguns is reserved to the State Legislature." With regards to firearms other than handguns, localities may regulate the discharge of firearms and levy taxes. On April 21, 2010, Gov. Bob Riley signed House Bill 2 into law as Act 2010-496 amending Ala. §13A-11-63, to allow civilian ownership of short-barrel rifles and short-barrel shotguns, as allowed by federal law. Alabama has always been a supporter of gun ownership by its citizens, and is considered a pro 2nd amendment state.
Alabama currently has reciprocity agreements with 23 different states; for a complete listing of these and reciprocity agreements of all states in the country visit US Precision Defense reciprocity maps located on our Home page.
Gun owners and sportsmen earned a major victory with the passage of an omnibus firearms bill, Senate Bill 286. This NRA-supported bill was signed into law in May of 2013 by Governor Robert Bentley (R) and will take effect on August 1, 2013. Senate Bill 286 will protect and restore Alabama citizen Rights to keep and Bear Arms in Alabama by reforming the state gun laws. A complete list of this bill can be found on both the Alabama State and NRA-ILA websites.
Some of the most notable provisions of the Bill 286; One of the measures allows gun owners who do not have a concealed-carry permit to keep their weapons inside their vehicles. The bill will also allow Alabama residents to bring their guns onto their workplace property as long as the firearm stays hidden in their vehicle. The new legislation also calls for fines to be levied on law enforcement officials who try to stop law-abiding citizens from open holster carry of their firearms.
A comment on gun control from the Alabama Sheriff’s association: “Every Sheriff in Alabama takes the Oath of Office to support the Constitution of the United States, which includes the 2nd Amendment, and the Constitution of Alabama of 1901 (which includes Article I, Section 26). The Sheriffs support the laws of the land, as they expect all of the citizens of Alabama to do.”
US Precision Defense applauds Alabama for the states support of the 2nd amendment. As laws change we keep our database updated and can be found on our reciprocity maps located on our home page.
In Alabama with the recent passage of omnibus firearms bill, Senate Bill 286 there are some very significant changes to the law, two very notable provisions are first; Shifts the current “May Issue” concealed carry permit system to a “Shall Issue” permit system and requires that a sheriff must issue or deny the carry permit within thirty days. Should someone be denied a permit, a written denial must be provided and that applicant would have an opportunity to appeal the denial.
The second provision is in regards to reciprocity agreements; the new law allows for all other valid state-issued permits to carry a concealed firearm to be recognized in Alabama. This one provision alone is impressive in that it is a clear support of the 2nd amendment. It is expected that many other states will add Alabama to their list of states that will be approved to carry concealed within their borders and part of mutual reciprocity agreements.
In response to the recent Federal Governments attempt to force highly restrictive Gun control laws onto the states without their participation in the decision process Alabama was one the first states to push back and the Alabama Senate in a recent session voted 24-6 for a bill that would declare federal gun control laws to be null and void in Alabama if they were in "violation of the Second Amendment." Sen. Paul Sanford, R-Huntsville, said the law would put the federal government on notice that the state would not enforce "unconstitutional" gun control laws. He also stated “They are not going to use our law enforcement resources to enforce their law that we believe is unconstitutional,”
The Speaker of the Alabama House of Representatives Mike Hubbard (R) from Auburn said on Facebook prior to the announcement from President Obama that he planned on legislation and executive orders concerning his ideas on Gun-Control; “Today, President Obama will unveil his plan to infringe on your gun rights. Guns are not the problem and gun control is not the answer. To simply point a finger at guns and call for their outlaw is lazy, patently political and constitutionally dangerous.”
Alabama is a state the believes and upholds that constitution, all of it, even the 2nd amendment, and have become one of the leading states that is not only speaking up, it is taking actions to safeguard its state citizens’ rights even if it means in defiance of the current administration in Washington.
Follow all of the political debates on your 2nd amendment rights by becoming a member of US Precision Defense.