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How Do I Select a Gun Trust And Firearms Attorney In Illinois ?
Before choosing a gun trust or firearms attorney in Illinois, 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 Illinois, 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 Illinois For Firearms That Are Subject To The National Firearms Act
Gun owners in Illinois 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 Illinois 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 Illinois ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in Illinois. 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 Illinois 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 Illinois
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in Illinois. 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 Illinois 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 Illinois. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in Illinois 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 Illinois Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in Illinois 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 Illinois state constitution states: “Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed.”
It is interesting that such words are in the states constitution as up until 2013 Illinois and cities within the state had and still has some of the most anti-gun laws of any state in the country. To date there has been no way for a citizen of the state to obtain a concealed carry permit. Illinois does not currently recognize any other state CCW permits and has no reciprocity agreements with any other state. Illinois stands alone as the ONLY state with this distinction.
It would be a gross understatement, to say the least, to suggest that Illinois is in a state of confusion on the issue of a citizen's right to carry a concealed weapon. It's in a state of chaos and confusion. In December 2012, a federal appeals court struck down Illinois' ban on concealed carry, ruling that it violates citizen rights under the Second Amendment of the U.S. Constitution. The court gave the Illinois General Assembly six months to pass a concealed-carry law. The deadline was scheduled to expire on June 9, but the appeals court gave an additional 30 days to allow more leeway for the legislative process.
The Illinois state government was given 180 days to end the ban, sending the state legislature into a legislative session filled with arguments about gun control. Though the legislature did manage to pass a law allowing concealed carrying of handguns with a license, Illinois Governor Pat Quinn has not yet signed the bill.
Now, with state law declared unconstitutional and new laws hung up in the governor’s mansion, individual counties are beginning to make their own law. Though the Supreme Court has granted Illinois an extension for modifying its existing laws, county attorneys in several Illinois counties have now announced that current concealed carry laws will not be enforced. With no state law clearly defined as yet nor a procedure in place for the issuance of a concealed carry permit it will be very interesting to see how this all plays out in the summer of 2013.
US Precision Defense will keep a close eye on the developments and when the Governor acts we will update the latest information within our Reciprocity map database.
Summer of 2013, Illinois is finally standing up for 2nd amendment rights of its residents. An Illinois prosecutor is refusing to prosecute carriers of concealed weapons in his county, even though the governor is still weighing the bill that would allow concealed carry statewide. The attorney’s announcement puts him amongst a burgeoning crop of local officials nationwide who are "going rogue" in civil disobedience efforts against mounting calls for greater gun control.
The concealed carry legislation was negotiated and passed shortly before the General Assembly ended its session on May 31, 2013, while it passed by a wide margin in both chambers, people on both sides of the issue said they were unhappy with some parts of the bill. A five-year concealed carry license would cost $150 under the bill and it would require a 16-hour training class, the longest of any state in the country. (Typically most state required classes are around 8 hours, plus qualifying at the range, and there are even lessor requirements by some states)
The problem so far is that Governor Pat Quinn is stalling, he can’t stop this, the court has ruled, he has no hopes of taking it to the US Supreme Court and he knows it. You have to ask yourself why he is stalling; he already knows that gun control in Illinois is a miserable failure, just look at Chicago.
Here is what the Governor had to say: "This legislation is wrong for Illinois," "We need strong gun safety laws that protect the people of our state. Instead, this measure puts public safety at risk." “I will not support this bill and I will work with members of the Illinois Senate to stop it in its tracks,”
So, the Governor thinks that he can ignore the Federal Appeals Court ruling. Clearly he thinks he can by simply vetoing the bill and drag this issue on and on thinking the issue will what, simply fade away?
Several county prosecutors have already publicly stated that they WILL NOT prosecute anyone carrying a concealed weapon in their county. The Governor has to act, the people have spoken, the legislature has acted, and prosecutors in his state are starting to act without his leadership, and the whole country is watching!
US Precision Defense will keep you informed of what happens in Illinois and their citizens fight for their 2nd amendment rights.