How Do I Select a Gun Trust And Firearms Attorney In Delaware ?
Before choosing a gun trust or firearms attorney in Delaware, 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 Delaware, 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 Delaware For Firearms That Are Subject To The National Firearms Act
Gun owners in Delaware 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 Delaware 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 Delaware ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in Delaware. 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 Delaware 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 Delaware
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in Delaware. 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 Delaware 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 Delaware. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in Delaware 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 Delaware Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in Delaware 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 Delaware State Constitution States: “A person has the right to keep and bear arms for the defense of self, family, home and state, and for hunting and recreational use.”
New gun control legislation, passed by the Delaware House of Representatives, will require universal background checks for the sale of firearms. The bill, introduced by Governor Jack Markell following the recent mass shooting in Newtown, Conn., will make it a criminal offense to privately transfer or sell arms, as transfers will require a criminal history background check. The bill titled House Bill 35, passed on March 28, 2013 and passed with a 24-17 vote is part of a package of new gun measures that will include new rules on guns in school areas, faster reports of stolen or missing guns, and bans on high-capacity magazines and assault weapons.
Delaware has no law against open carry of a firearm; Americans have been shocked recently to see images of gun-toting individuals openly carrying firearms in public places like coffee shops, restaurants, and public parks, and at political rallies. Many of these individuals identify themselves as part of a growing “open carry movement,” a collection of grassroots groups nationwide just as in Delaware, some groups in the state are advocating “Open Carry” as a way to show that there are law abiding citizens with guns, and to bring to public debate the importance of the 2nd amendment, and individual safety from criminals.
Delaware is an open carry state. Those doing so should be aware that any local ordinances that were in effect at the time that preemption was passed (July 4, 1985) are still in effect and are NOT preempted. Open carry does not yet appear to be a common occurrence in Delaware, but the number is increasing.
Although Delaware is one of the smallest states in the country the political climate is watched closely by other states as Delaware has a reputation of being a progressive state which stems in part due to its work with an inviting climate for Corporation registrations in the country, as such anything Delaware does concerning Gun-rights can have far reaching implications. Keep up with the ever changing Gun Laws in Delaware and other states by becoming a member of US Precision Defense.
Under new legislation proposed in Delaware, individuals who fail to notify police of a stolen or missing gun would face a fine of up to $500 for a first offense and could lose their right to own a gun for a second offense.
Delaware Concealed Carry classification; The “May Issue to Residents Only” classification means that the issuing official may or may not issue a permit to a resident if they meet all of the legal requirements. Non-Delaware residents are not eligible for Delaware Concealed Carry Permits.
Delaware does have concealed carry reciprocity agreements with Alaska, Arizona, Arkansas, Colorado, Florida, Kentucky, Maine, Michigan, Missouri, North Carolina, North Dakota, Ohio, Oklahoma, Tennessee, Texas, Utah, and West Virginia.
The hypocrisy of the gun-grabbers knows no bounds. Dianne Feinstein has no problem ordering Mr. and Mrs. America to turn in their guns while brazenly admitting she had firearms permit. The same goes for Wilmington, Delaware mayor Dennis P. Williams, who is a member of New York mayor Michael Bloomberg’s Mayors Against Illegal Guns, a national campaign to restrict the Second Amendment under the cover of preventing the spread of guns the government insists are illegal and, of course, protecting the children. Williams is a former cop with a Delaware concealed carry permit. He doesn’t carry when he is accompanied by his security detail, but packs when visiting tough Wilmington neighborhoods. He also carried a firearm on the House floor back when he was a state representative.
From a quote found on a Delaware 2nd amendment advocates press release: Yes, the “Good ol Boy System,” is alive and well in Delaware’s General Assembly. What has happened to the days when a person only served in a state’s general assembly as a citizen legislator instead of a career politician. The good ol days when a persons’ word was his bond and a person could expect honesty from their “citizen legislators.” Well my friends, those days are gone and won’t return unless “we the people,” make it happen.
Delaware Governor Jack Markell revealed a package of five measures designed to prevent gun violence in the state; "I respect the 2nd Amendment, but the measures that we propose today are entirely constitutional," Markell pledged that no member of his administration would question the intentions of any lawmaker who disagrees with his agenda. "I expect a robust debate, but I believe this is not a debate about the 2nd Amendment." What do you a citizen of Delaware think? Be proactive and contact your elected official and voice your concerns. US Precision Defense encourages a healthy and open debate.