How Do I Select a Gun Trust And Firearms Attorney In Indiana ?
Before choosing a gun trust or firearms attorney in Indiana, 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 Indiana, 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 Indiana For Firearms That Are Subject To The National Firearms Act
Gun owners in Indiana 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 Indiana 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 Indiana ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in Indiana. 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 Indiana 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 Indiana
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in Indiana. 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 Indiana 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 Indiana. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in Indiana 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 Indiana Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in Indiana 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 Indiana State Constitution States: “The people shall have a right to bear arms, for the defense of themselves and the State.”
Indiana requires a license for most methods of carrying a handgun. Indiana laws are silent concerning the manner of carry therefore laws cover open carry, concealed carry, vehicle carry and locked case carry. There are exceptions for carrying a handgun unloaded, not readily accessible, and secured in a case in a vehicle, on your own property, from place of purchase and to a firearm range for the purpose of practice. Indiana is a "shall issue" state for the License To Carry a Handgun.
A license to carry will be issued to individuals age 18 or older who meet a number of legal requirements. Currently both limited term and unlimited lifetime licenses are available.
The State of Indiana stands out on the topic of reciprocal carry in two ways. First, a statutory reciprocity scheme recognizes all other states’ licenses to carry a handgun. Second, Indiana was the first state to adopt a lifetime license to carry. Upon initial application or renewal, a person may pay additional fees and obtain a lifetime license to carry a handgun. So long has he or she remains a “proper person,” the license remains valid for life and no renewal is required.
Indiana offers a License To Carry a Handgun, (LTCH) Nothing in Indiana law mentions concealment. Therefore you may carry open, in plain sight, OR concealed. Much of the public and many police officers don't know this fact. So, if you 'open carry' you may draw unwanted attention, but it is perfectly legal. Be courteous and professional with anyone (including police) who does not understand the law. To obtain a license to carry a handgun you must apply to the chief law enforcement officer of your county or city.
The state also has a firearm preemption law that prohibits local governments from passing gun laws more restrictive than state law. However, a few municipalities have laws that were grandfathered in before the preemption law was enacted in 1994. The most notable exceptions are East Chicago and Gary, which have bans on assault weapons. The City of Speedway also has a law on the books banning concealed carry even for permitted gun owners. However, the ordinance is not enforced.
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.
From the Indiana Sheriff’s Association: “While the debate stirs strong feelings across our Nation, Indiana’s Sheriffs have taken an oath to uphold the Constitution of the Unites States and the Constitution of the State of Indiana. Furthermore, we have sworn to do this according to law and to the best of our ability. Millions of law abiding Americans lawfully possess and use firearms daily for recreation and protection. We must not forget those most vulnerable and their ability to protect themselves from the miscreants and those focused on harming us. Furthermore, our discourse should not cast a shadow of doubt on these millions of law abiding Americans. Firearms are inanimate objects that have no will of their own.
However, they can be exploited by malevolent souls as instruments of violence. We must work tirelessly to see that those who show no respect for the sanctity of life are punished to the fullest abilities of the law. We also believe that the energy of this debate would be better focused on the issues that we agree upon. It is critical that we continue to work to keep firearms out of the hands of those who would use them to commit acts of violence against our citizens.”
In a direct response to the federal government attempt to force gun control laws upon the states: Indiana, State Senator Dennis Kruse (R-Auburn) has introduced Senate Bill 127, While not specifically limited to gun control, Kruse’s bill endows county sheriffs with the ultimate authority to enforce the laws:
“Provides that a federal employee who is not designated by state law to act as a state law enforcement officer may not make an arrest, a search, or a seizure in Indiana without the written permission of the sheriff or the designee of the sheriff who has jurisdiction in the county in which the arrest, search, or seizure will occur. Provides certain exceptions. Provides that if an arrest, a search, or a seizure is made without the sheriff’s written permission, the federal employee must be prosecuted under Indiana law and charged with an offense appropriate to the circumstances. Provides that under the Tenth Amendment of the Constitution of the United States and Indiana’s compact with the other states, the general assembly declares that any federal law that purports to provide federal employees with the authority of a sheriff in Indiana is not recognized by and is specifically rejected by the state of Indiana and is invalid in Indiana.”
Members of US Precision Defense help support the rights of gun owners everywhere; our members also have access to our on-line store and database of Instructors, Shooting ranges, and gun smiths.