How Do I Select a Gun Trust And Firearms Attorney In Alaska ?
Before choosing a gun trust or firearms attorney in Alaska, 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 Alaska, 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.
You can purchase an Alex Kincaid Law Gun Trust online by clicking "Get Your Gun Trust Now" We prepare Idaho, Oregon, Washington, Utah, Colorado, & Florida gun trusts within 24 business hours. Cost is $500.00. All of our Gun Trusts are complete incapacity and death plans that will keep your affairs out of the court system and allow you to share NFA firearms.
Gun Trust In Alaska For Firearms That Are Subject To The National Firearms Act
Gun owners in Alaska 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 Alaska 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 Alaska ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in Alaska. 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 Alaska 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 Alaska
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in Alaska. 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 Alaska 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 Alaska. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in Alaska 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 Alaska Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in Alaska 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
The Alaska state constitution states: “A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. The individual right to keep and bear arms shall not be denied or infringed by the state or political subdivision of the State.”
Alaska was the first state to adopt carry laws modeled after Vermont's (normally referred to as "Vermont Carry"), in which no license is required to carry a handgun either openly or concealed. However, permits are still issued to residents for purposes such as reciprocity with other states. (see our Reciprocity map on our Home page of US Precision Defense)
The term "Alaska Carry" has been used to describe laws which require no license to carry handguns openly or concealed but CCW licenses are still available for those who want them. Alaska's laws do not prohibit anyone 21 or older who may legally possess a firearm from carrying it concealed. A special permit is not required.
Any person 21 years of age or older may carry a handgun concealed on their person provided that, when contacted by a police officer, informs the officer of that possession and allows the police officer to secure the handgun for the duration of that contact. If you fail to notify the officer you will be charged with a crime!
Recently the Alaska State’s Republican-led House voted passed a bill that would exempt Alaskans from following federal gun laws. Federal agents who attempt to enforce them would be subject to felony charges! If this sounds like nullification to you, that was exactly what the bill’s sponsor, Speaker Mike Chenault had in mind. In a January press conference, Chenault, a Republican, told a local reporter that individuals in his district were “looking at nullification” in response to President Obama’s executive actions. This is expected to be a test of States rights and has a real possibility of going all the way to the US Supreme Court.
The Alaska law passed the House in a 31-5 vote. But there’s a good chance it won’t pass constitutional muster, given the fact that nullification became a thing of the past in 1833, when Andrew Jackson was in office. The Anchorage Daily News reports that legislative attorney Kathleen Strasbaugh alerted Chenault to the fact that his proposed bill was “largely unconstitutional.”
Alaska legislature HB69 states, in part: “A personal firearm, a firearm accessory, or ammunition that is possessed in this state or manufactured commercially or privately in this state and that remains in the state is not subject to federal law or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce as those items have not traveled in interstate commerce.”
The bill continues, “The authority of the United States Congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearm accessories, and ammunition possessed in this state or made in this state from those materials. Firearm accessories that are imported into this state from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in this state.”
The Alaska State Troopers issue optional CCW permits for concealed weapons. Trooper spokesperson Megan Peters says, even though permits are not required , about 15-hundred people apply for and receive them each year, mostly because they want to make sure they can carry their guns across state lines. “We have reciprocity with approximately 36 other states. Where if you have a concealed weapon permit in Alaska you can travel to those other states and they will honor Alaska’s permit. The same thing with people in other states – Alaska will honor their permits if they are on the reciprocity list.”
It is estimated that in Alaska 57.8% of the population has at least one gun if not more in their home, one of the highest ratios in the country. In the state of Alaska, a permit is not required to purchase a gun, own a gun, or even to carry a gun. In addition Alaska has no state restrictions on so-called "assault weapons" or NFA weapons. Alaska has a castle doctrine and stand-your-ground laws which allow a person to use deadly force against anyone forcibly and unlawfully entering their home and attempting to harm them. The person using self-defense does not have a duty to retreat in most cases.
Learn about all self-defense laws of every state on our website US Precision Defense.