How Do I Select a Gun Trust And Firearms Attorney In Colorado ?
Before choosing a gun trust or firearms attorney in Colorado, 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 Colorado, 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 Colorado For Firearms That Are Subject To The National Firearms Act
Gun owners in Colorado 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 Colorado 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 Colorado ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in Colorado. 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 Colorado 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 Colorado
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in Colorado. 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 Colorado 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 Colorado. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in Colorado 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 Colorado Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in Colorado 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 Colorado State Constitution States: “The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons.”
Colorado has become a state divided on the issue of Gun Control and an example of a political party’s agenda overriding not only what the citizens want but also what the majority of law enforcement officials want. Cleary the legislature acted on behalf of its own internal agendas and did not act for the will of the people. So far several elected legislatures (Democrats) are facing recall elections, and fifty four (54) elected sheriffs have not only gone publicly in opposition to the recently imposed gun control laws they have banded together to file a federal civil lawsuit against two gun-control bills passed by the Colorado legislature.
Various citizen groups in Colorado are fighting back to preserve their 2nd amendment rights; The issue committee Citizens for a Safer Colorado went so far as to file an initiative to amend the Colorado constitution to repeal the gun control laws passed by the legislature in March of 2013, and to prevent the legislature from ever passing such laws again. The initiative, if approved, would in future refer such measures to a vote of the people.
Because the Colorado constitution already protects the right to bear arms, many feel that the legislature’s actions, influenced by New York City Mayor Michael Bloomberg’s Mayors Against Illegal Guns and orchestrated by Senate President John Morse, are unconstitutional. The pending federal lawsuits will be watched by all other states and the US Congress.
A handful of Democratic state lawmakers in Colorado face recall petition efforts in what looks to be the first wave of fallout over legislative votes to limit gun rights. In an era in which recall efforts are booming, from governor's offices down to town councils and school boards, the Colorado efforts will serve as the first test of gun-rights groups' ability to punish elected officials who expanded gun control laws. Three Democratic Colorado state legislatures are facing recall.
"Colorado seems to be the testing ground for some of the gun measures, so this has national implications,"
Learn more about what you can do to preserve your 2nd amendment rights by becoming a member of US Precision Defense.
Democratic Senate President John Morse; The first-ever recall election of a lawmaker in Colorado history is moving forward after the secretary of state's office announced that organizers submitted more than enough valid signatures from voters upset with his support for the passage of this year's gun control laws.
In Colorado the citizens are not happy when their elected officials disregard the will of the people, as such a recall effort is also underway targeting Sen. Angela Giron (D-Pueblo) the effort has moved forward when enough gathered petition signatures were verified by the Colorado secretary of state's office. In a recent quote by a Colorado pro-gun group; “Giron’s disregard for the majority of her constituents to vote no on anti-Second Amendment issues and her general disregard of our Constitution and the rights of the citizens of Colorado demonstrates she must be removed from the Senate,”.
Both Angela Giron and Colorado Senate President John Morse face potential recalls after gun rights group file recall petitions with the state. Both legislators are defiant and refuse to resign. It is now a test of the will of the people against self-serving career liberal politicians who allowed themselves to be influenced by out of state organizations and did not take the time to listen to their own constituency..
In defiance of the Colorado state legislature a small town on Colorado is sending a strong message; As much of the nation continues to debate gun control and as Colorado gets ready to implement sweeping new gun control laws just passed in the latest legislative session, one small town in southwest Colorado has decided to go in the opposite direction by passing an ordinance that makes gun ownership mandatory. Nucla, Colorado, about 50 miles south of Grand Junction and with a population of less than 1,000, recently passed an ordinance on a 5-1 vote which requires a head of a household to own a gun. It may be nothing more than symbolic yet history has taught us that great things can come from very humble beginnings.
A rural Colorado school board has given two of its top administrators a new title: Security Officer, a title which grants the administrators the ability to legally carry guns in schools and effectively bypasses Colorado's gun laws. Dove Creek and the Dolores County School District a small rural community in the southwest corner of the state voted to give Superintendent Bruce Hanks and Assistant Superintendent Ty Gray the authority to carry firearms in school because the district is so small they couldn't afford to hire a full-time security officer.
All of the latest Colorado Gun Laws are in our database found on our Reciprocity maps on the Home page of US Precision Defense.