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How Do I Select a Gun Trust And Firearms Attorney In Hawaii ?
Before choosing a gun trust or firearms attorney in Hawaii, 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 Hawaii, 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 Hawaii For Firearms That Are Subject To The National Firearms Act
Gun owners in Hawaii 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 Hawaii 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 Hawaii ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in Hawaii. 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 Hawaii 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 Hawaii
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in Hawaii. 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 Hawaii 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 Hawaii. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in Hawaii 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 Hawaii Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in Hawaii 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 Hawaii State Constitution States: “A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”
Hawaii is known for having some of the most restrictive gun laws in the nation, and is generally described as being anti-gun rights. In Hawaii No person shall acquire the ownership of a firearm, either by purchase, gift, inheritance, bequest, or in any other manner, until he has first procured from the chief of police of the county of his place of business, residence, or sojourn a permit to acquire.
Hawaii is a "may issue" state for concealed carry. "In an exceptional case, when an applicant shows reason to fear injury to the applicant's person or property," a license to carry a pistol or revolver may be granted or denied at the discretion of the county police chief. In practice however few if any concealed carry licenses are ever granted.
Carrying a loaded firearm, concealed or not concealed, including in a vehicle, is a class A felony. Unloaded firearms that are secured in a gun case and are accompanied by a corresponding permit are allowed to be transported in a vehicle between the permitted owner's residence or business and: a place of repair; a target range; a licensed dealer's place of business; an organized, scheduled firearms show or exhibit; a place of formal hunter or firearm use training or instruction; or a police station
Concealed carry and open carry are felonies without a permit to do so from the chief of police of your county. Although allowed by law in special circumstances of threat to self or property, the chiefs’ policy at present is to grant only to law enforcement and those military and security guards whose duties specifically require such. Private Citizens are denied.
Although Hawaii does not recognize any other state’s CCW permits and has no reciprocity agreements the following states do accept and recognize Hawaii’s CCW permits; Alaska, Arizona, Idaho, Indiana, Iowa, Kansas, Kentucky, Michigan, Missouri, Nebraska, North Carolina, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, and Wisconsin. The only CCW permit that the state of Hawaii is compelled to recognize under federal law are those issued under the Peace Officer Safety act of 2004, known as HR 218 where any active duty or honorably retired peace officer can carry a concealed weapon in any state in the country.
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Hawaii gun laws, unlike many of the states in the United States, requires any person wishing to purchase or obtain a firearm to apply for a Hawaii gun permit first, that allows the transaction of firearms.
The Hawaii gun permit to purchase extends to shotguns, rifle, and handguns. An individual must first apply for the permit to the chief of police pertaining to the county that the applicant resides in or place of business is located. The applicant must be at least 21 years of age and citizen of the United States. A permit to purchase a handgun is contingent to the applicant having completed a firearms safety course. The chief of police issuing the gun permit is required to assess the health of the applicant and to evaluate the person's ability to be able to own and operate a firearm in a safe and secure manner.
In the state of Hawaii the gun laws and state statutes regarding sell, possess, or carry firearms are strict and specific. Violating these gun laws will result in criminal offense charges considered as felonies and misdemeanors. The following are these gun laws and statutes for the state of Hawaii: It is illegal for any individual to acquire ownership of any firearm by any means without proper clearance from the county Chief of Police.
It is illegal to take possession of inherited firearms without first securing a proper permit to possess these firearms. And it is required to have license to carry concealed weapon.
It has been said that “It’s only a politician that can turn a lawful citizen into a criminal with a stroke of a pen.”
Here is a quote from a journalist in Hawaii, he states the following: “So let’s start with the confiscation of semi-automatics. It’s absolutely amazing that anyone could even consider calling these guns “assault weapons”.
This is such a blatant lie that I’m actually disgusted that the HRA, NRA, Gun Owners of America, and just residents of Hawaii aren’t screaming at the top of their lungs about this, one, and two, why are you infringing upon our right to enjoy our firearms on the range and for hunting?”
Hawaii is quickly on the path to becoming one of if not the single most gun restrictive states in the Country, and if left unchecked will soon face a backlash from the voters, don’t think that can happen in Hawaii, just look at the recall votes and gun law changes in Colorado and Illinois. The second amendment will not be abated, not even in Hawaii.
Precision Defense supports responsible gun owners in Hawaii! For more information on Gun Rights and 2nd amendments rights become a member of US Precision Defense.