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How Do I Select a Gun Trust And Firearms Attorney In Idaho ?
Before choosing a gun trust or firearms attorney in Idaho, 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 Idaho, 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 Idaho For Firearms That Are Subject To The National Firearms Act
Gun owners in Idaho 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 Idaho 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 Idaho ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in Idaho. 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 Idaho 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 Idaho
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in Idaho. 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 Idaho 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 Idaho. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in Idaho 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 Idaho Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in Idaho 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 Idaho State Constitution States: “The people have the right to keep and bear arms, which right shall not be abridged; but this provision shall not prevent the passage of laws to govern the carrying of weapons concealed on the person, nor prevent passage of legislation providing minimum sentences for crimes committed while in possession of a firearm, nor prevent passage of legislation providing penalties for the possession of firearms by a convicted felon, nor prevent the passage of legislation punishing the use of a firearm.
No law shall impose licensure, registration or special taxation on the ownership or possession of firearms or ammunition. Nor shall any law permit the confiscation of firearms, except those actually used in the commission of a felony.”
Idaho is a "shall issue" state for concealed carry. The local county sheriff shall issue a concealed weapons permit to a qualified applicant within ninety days. Applicants may be required to demonstrate familiarity with a firearm, generally by having taken an approved training course or by having received training in the military. A permit is valid for five years; permits issued before July 1, 2006 are valid for four years. Idaho recognizes valid concealed carry permits from any state. A concealed weapon may not be carried at a school or at a school sponsored activity, in a courthouse, in a prison or detention facility, or in certain other governmentally designated locations. It is unlawful to carry a concealed weapon while intoxicated. Open carry is legal in Idaho. A concealed weapons permit is not required for open carry, nor for long guns.
March 25, 2013 in a unanimous vote, the Idaho House of Representatives approved an important pro-gun reform. Introduced by the House State Affairs Committee and co-sponsored by state Representative Joe Palmer (R-20), House Bill 192 has created an enhanced concealed carry license option for those applicants who choose to undergo additional training for more carry benefits and more opportunities for reciprocity in other states. This enhanced concealed carry license helps increase recognition of Idaho’s permit in other states, increasing Idaho’s reciprocity agreement with almost 40 states.
Idaho is known as one of the great states that support the 2nd amendment and is very active in pro-gun rights for its citizens. Become a member of US Precision Defense and help support the rights of gun owners everywhere, also have access to our on-line store and database of Instructors, Shooting ranges, and gun smiths.
Idaho is an “open carry” state. Carrying of unconcealed weapons, including loaded firearms, is not prohibited by Idaho Code. Persons who are not prohibited by law from owning firearms may openly carry firearms in plain sight, including in vehicles. Concealed Weapons License: Idaho is a “shall-issue” state. Under I.C. §18-3302, county sheriffs must issue a concealed weapons license to any citizen at least 21 years of age who applies for one, unless prohibited by I.C. §18-3302, as in the case of felons, the mentally ill, those dishonorably discharged from the military, those subject to a protective order for domestic violence, and drug addicts.
Idaho Gov. Butch Otter wants more guns and ammo produced in his state.
Otter, a Republican, has sent letters to 79 firearms makers and ammunition producers in 28 states promoting the benefits of relocating to Idaho. He also declared May “2nd Amendment Protection Month” statewide. “The National Rifle Association ranks Idaho as a gun-friendly state whose laws are among the least restrictive in the nation,” Otter said in his official proclamation. “The state of Idaho openly embraces companies in the arms and ammunition manufacturing sector to expand or relocate to the state.” The governor’s letters to industry leaders declared, “Here in Idaho, gun ownership is more than a constitutional right; it’s a way of life. That’s why I’m personally extending an invitation for you to grow your bottom line here in Idaho.”
Idaho Gov. Butch Otter stated; “We cherish and defend freedom — those principles are the fiber of who we are as Idahoans and represent all aspects of the way we conduct our business, from removing undue government regulations and restrictions to supporting gun ownership as a constitutional right,”
U.S. Senator Jim Risch today joined a group of his Republican colleagues in signing a letter to Senate Majority Leader Harry Reid (D-NV), which states his opposition to legislation that would infringe upon Second Amendment rights.
“Idahoans are strongly against any further erosion of their Second Amendment rights. Legislation that restricts the constitutional rights of law-abiding Americans is not the answer to the issues facing our nation,”
Members of US Precision Defense help support the rights of gun owners everywhere, they also have access to our on-line store and database of Instructors, Shooting ranges, and gun smiths.