How Do I Select a Gun Trust And Firearms Attorney In Arizona ?
Before choosing a gun trust or firearms attorney in Arizona, 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 Arizona, 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 Arizona For Firearms That Are Subject To The National Firearms Act
Gun owners in Arizona 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 Arizona 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 Arizona ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in Arizona. 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 Arizona 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 Arizona
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in Arizona. 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 Arizona 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 Arizona. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in Arizona 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 Arizona Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in Arizona 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 Arizona state constitution states: The right of the individual citizen to bear arms in defense of himself or the State shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain, or employ an armed body of men.
Arizona residents who are at least 21 years old can carry a concealed weapon without a permit as of July 29, 2010. Arizona is only the third state in recent U.S. history that allows the carrying of concealed firearm without a CCW permit, and it is the first state with a large urban population to make this move. (The other two states are Alaska and Vermont.)
Arizona is classified as a "shall issue" state, which means if an individual meets all the legal requirements the CCW issuing authority MUST issue the CCW Permit. Even though Arizona law allows concealed carry by adults without a CCW permit, concealed carry permits are still available and issued by the Concealed Weapons Permit Unit of the Arizona Department of Public Safety for purposes of reciprocity with other states or for carrying firearms in certain regulated places.
Also, No state permit is required to possess a shotgun, rifle (Or handgun.) Arizona does have a list of restricted areas, building, and activities that do not allow the carrying of firearm. Although no CCW permit is required to carry concealed if you are stopped by any law enforcement officer and fail to notify them immediately upon initial contact that you are carrying a concealed weapon you can and will be arrested and charged with a felony.
In a very bold move Gov. Jan Brewer recently signed two gun laws. One would forbid cities and counties from destroying weapons they obtained through gun-buyback programs. Instead, they must resell them so that guns purchased by police departments to get them off the streets will then be put right back on the streets.
Governor Brewer and other supporters of this brilliant bit of lawmaking say they think local governments should be able to make money off the guns. The true reason was more honestly stated in a letter from the National Rifle Association on April 22 that said “this measure would ensure that taxpayer resources are not utilized to pursue a political agenda of destroying firearms.” To learn more about Arizona gun law go to our home page on US Precision Defense.
Gun Control Facts: California is the Most Anti-Gun, Arizona the Most Pro-Gun! Recently in response to a gun law signed into law the governor’s office stated they received more than 1900 pleas for Governor Brewer to sign the new law, The effort was organized by the Arizona Citizens Defense League. On the other hand the Governor’s office reported that they only received twenty-five messages in favor of a veto.
Arizona lawmakers are taking aim at President Obama's gun control policies with a new bill. "It's basically thanks but no thanks to the Federal Government for things that infringe on our 2nd Amendment rights" said co-sponsor of the bill Rep. Steve Smith. President Obama knows state laws can't override federal laws but thinks it might be enough to force any stricter gun laws to court. "When if so obviously goes against what our citizens want the states are compelled to take these steps and I think it's up for discussion." The bill would also make Arizona exempt from any new federal restrictions on semi-automatic firearms and magazines and new registration rules. If passed you can bet on this one is going all the way to the US Supreme Court for states’ rights!
The states that we considered to be the top of our list of pro-gun states were Arizona, Vermont, Alaska, Utah, and Kentucky. These days, it’s becoming more difficult for gun owners across the country to find safe haven, as the powers that be at both the federal and state levels begin introducing a quagmire of anti-gun legislation hindering the rights of law-abiding citizens, and yes even in Arizona there are those liberals that are determined to get Arizona’s laws changed, yet as long as the citizens stand up for their rights as they have, and they keep elected officials like Governor Brewer in office Arizona will remain the number 1 ranked state for gun owners’ rights.
There is one drawback to Arizona’s “Constitutional Carry” laws and that some states such as Nevada has cancelled their reciprocity agreements with Arizona as there is no qualification (shooting at the range and acquiring a score for marksmanship) to obtain a CCW permit. Nevada and some other states will only maintain reciprocity agreements with states that require a firearms proficiency test. To see where an Arizona CCW permit is accepted go to our “Home” page and view our on-line reciprocity maps for every state in the U.S.