Choose a City Page in GA
How Do I Select a Gun Trust And Firearms Attorney In Georgia ?
Before choosing a gun trust or firearms attorney in Georgia, 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 Georgia, 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 Georgia For Firearms That Are Subject To The National Firearms Act
Gun owners in Georgia 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 Georgia 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 Georgia ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in Georgia. 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 Georgia 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 Georgia
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in Georgia. 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 Georgia 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 Georgia. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in Georgia 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 Georgia Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in Georgia 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
Georgia, The Georgia State Constitution States: “The right of the people to keep and bear arms shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne.”
While Georgia is generally considered to be a "shall issue" state, the actual Georgia firearms permit statute requires the permit applicant to obtain approval of the local county probate court judge, who can deny issuance based solely on a determination that the applicant "is not of good moral character". Georgia recognizes permits from any other state which recognizes Georgia's permit. Georgia reciprocates in recognizing firearms licenses with the following states: Alabama, Alaska, Arkansas, Arizona, Colorado, Florida, Idaho, Indiana, Iowa, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, New Hampshire, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Wisconsin, and Wyoming.
Georgia state Rep. Charles Gregory is considered as "One of the Most Zealously Pro-Gun Legislators in America" after he filed four bills in the Georgia state legislature. Charles Gregory is the representative-elect of a district that includes Kennesaw, Ga., which is "home to a still-current 30-year old ordinance that mandates every head-of-household who isn't mentally ill or a felon own and maintain a gun and ammo (with exemptions for conscientious objectors)."
Gregory, a Republican "who campaigned heavily on the Second Amendment and limited government power, filed four gun bills at the Capitol that would sweep away any restrictions on carrying firearms in Georgia -- including on college campuses and in churches. "House Bills 26, 27, 28 and 29 would declare that 'evil resides in the heart of the individual, not in material objects,' and would also bar the governor from suspending gun sales during an emergency." The package of bills "would end all restrictions on where concealed weapons can be carried. Those restrictions include churches, bars and most government buildings. College students are allowed to keep guns locked in car trunks but cannot carry them into classrooms or dormitories."
Although not all of the bills passed, yet what is important is that here is an elected official that is not afraid to stand up against the tidal wave of anti-gun liberals, and is standing up for the citizens of Georgia and the all our rights under the 2nd amendment. US Precision Defense applauds Georgia State Rep. Charles Gregory.
Georgia, The most pro-gun city in the United States is arguably Kennesaw Georgia, it is a city where gun ownership is mandatory. It’s not the “Wild West” like some people predicted when it passed a mandatory gun ownership law. “The city of Kennesaw was selected by Family Circle magazine as one of the nation's ‘10 best towns for families.’
The award was aimed at identifying the best communities nationally that combine big-city opportunities with suburban charm, a blend of affordable housing, good jobs, top-rated public schools, wide-open spaces, and less stress. The city’s website states that Kennesaw “has the lowest crime rate in Cobb County,” one of the most populace counties in Georgia. In fact, from 1982 through 2009, Kennesaw had been nearly murder free with one murder occurring in 2007.
There were three murders in 2010 committed by the same man in what is described as a “school safety zone,” an area extending 1,000 feet from any school, including adult colleges and technical schools. This means that even though Kennesaw has the most liberal gun laws in the United States, employees at the facility where the murders were committed could not have a gun on the premises. Of course, criminals don’t care about laws; that’s why they’re criminals.
A quote from a newspaper article in Georgia: “Unfortunately experience with actual ‘school safety zones’ in Georgia has proven that the ‘school safety zone’ law approach does not stop violent armed crime, as it disarms only the potential victims of an attack. Criminals seeking to rob, rape, and murder ignore the ‘school safety zone’ as merely one more law they are breaking.”
In 1982, Kennesaw was a city of about 5,000, "a rural population of Southern conservatives, strong Second Amendment advocates," city spokeswoman Pam Davis says. The city enacted the measure in response to a law passed in Morton Grove, Ill., that outlawed gun ownership. The crime rate, not that high to begin with, plummeted after the law was enacted by 89%, compared with a 10% drop statewide, according to published accounts there were 11 burglaries per 1,000 residents before the law, 2.7 after. Despite slight fluctuations, crime "is significantly lower" than similar-sized Georgia cities. Proof that an armed society is a polite society. The numbers says it all, For more on 2nd amendment rights visit our members section of our website, US Precision Defense.