How Do I Select a Gun Trust And Firearms Attorney In Arkansas ?
Before choosing a gun trust or firearms attorney in Arkansas, 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 Arkansas, 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 Arkansas For Firearms That Are Subject To The National Firearms Act
Gun owners in Arkansas 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 Arkansas 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 Arkansas ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in Arkansas. 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 Arkansas 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 Arkansas
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in Arkansas. 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 Arkansas 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 Arkansas. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in Arkansas 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 Arkansas Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in Arkansas 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 Arkansas state constitution states; “The citizens of this State shall have the right to keep and bear arms, for their common defense.”
Recently Arkansas enacted a new handgun law; legislation passed by the Arkansas General Assembly in 2013 and signed into law by Gov. Mike Beebe will allow anyone to openly carry a firearm in a county other than their own. The group says Arkansas will become the fifth state to enact what is known as; "Constitutional Carry". The new law, Act 746, which updated the weapons laws, does not require a permit or training. Beginning July 1, 2013 Arkansas citizens will be able to carry a handgun openly almost anywhere in the state with some restricted areas.
We highly suggest that citizens of Arkansas consult a lawyer before carrying a handgun in public after the act takes effect. Being a new law, Act 746 is untested by the state or county level courts, and law enforcement officials are not completely aware of the implications as it pertains to the carrying of handguns. There is a real possibility that different county prosecutors may construe the law differently.
In response to the newly enacted law Arkansas’ two largest university systems voted to ban faculty and staff from carrying concealed handguns on campus, joining a growing number of schools in the state opting out of a new law allowing firearms on campus. The University of Arkansas and Arkansas State University system boards voted unanimously to opt out of the new law that leaves the decision on concealed carry weapons up to the individual colleges and universities. Arkansas Tech University’s board also voted to keep the concealed weapons off its campuses in Russellville and Ozark.
At least nine other schools around the state have voted to opt out of the guns on campus law.
Arkansas is a "shall issue" state for the concealed carry of firearms. Applicants must pass a background check and complete a training course to receive a new or renewal concealed carry license. An existing license is suspended or revoked if the license holder is arrested for a felony or for any violent act, becomes ineligible due to mental health treatment, or for a number of other reasons. Concealed Carried firearms (handguns) may not be carried at a courthouse, meeting place of any government entity, athletic event, tavern, or in a number of other specific places.
US Precision Defense keeps a complete and up to date database of all states gun related laws which we make available to all of our members.
Arkansas continues in 2013 to make solid improvements to the states Right to keep and bear arms. The Regular Session of the state legislature actions proves to be one of the most productive for pro-Second Amendment legislative reforms in recent memory.
Arkansas citizens can now carry a concealed gun into a bar, or a liquor store, or a church. College staffers can bring guns on campus. Citizens with a CCW permit from other states can carry concealed in Arkansas without filing any paperwork. These are among the half-dozen legal changes in the state that passed only four months since the Newtown massacre, and Arkansas has plenty of company. While the Senate failed to pull the trigger on expanded background checks, 15 other states have already passed 25 different gun rights measures so far this year, and more are pending in even other states.
According to the Law Center to Prevent Gun Violence, 15 states have enacted some 31 laws regarding guns so far in 2013. Of them, more than 80 percent increase gun rights by, among other things, allowing owners to carry their guns in more places and making it easier for applicants to obtain a permit to carry a concealed weapon. Even more states are expanding their reciprocity agreements, Arkansas being one of those states.
This is truly bizarre. The Democratic Party, which pushed hard for so-called universal background checks last winter, has reversed their position in Arkansas. After all, the pro-gun control camp again failed miserably, and the president wasted the most precious moments of his second term on this bad piece of legislation. Did the Democrats learn their lesson? No. Yet, are you surprised? No. If anything, Democrats are now doubling down on both pro-gun control and pro-gun rights positions, which only highlights the fact that liberals have no spine.
Mayors Against Illegal Guns, a group co-founded by New York Mayor Michael Bloomberg, launched an ad campaign criticizing Sen. Mark Pryor (D-AR) for his vote against expanding background checks for gun purchases. In response Pryor stated; “The mayor of New York City is running ads against me because I oppose President Obama’s gun control legislation. Nothing in the Obama plan would have prevented tragedies like Newtown, Aurora, Tucson or even Jonesboro. I’m committed to finding real solutions to gun violence while protecting our Second Amendment rights. I’m Mark Pryor, and I approved this message because no one from New York or Washington tells me what to do. I listen to Arkansas.”
A Democrat that put’s his states wishes above party lines, Congratulations to Arkansas State Senator Mark Pryor.
To keep up on Arkansas gun laws visit our reciprocity maps on our home page of US Precision Defense.