- Ames (IA)
- Ankeny (IA)
- Bettendorf (IA)
- Burlington (IA)
- Cedar Falls (IA)
- Cedar Rapids (IA)
- Clinton (IA)
- Council Bluffs (IA)
- Davenport (IA)
- Des Moines (IA)
- Dubuque (IA)
- Fort Dodge (IA)
- Iowa City (IA)
- Marion (IA)
- Marshalltown (IA)
- Mason City (IA)
- Ottumwa (IA)
- Sioux City (IA)
- Urbandale (IA)
- Waterloo (IA)
- West Des Moines (IA)
How Do I Select a Gun Trust And Firearms Attorney In Iowa ?
Before choosing a gun trust or firearms attorney in Iowa, 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 Iowa, 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 Iowa For Firearms That Are Subject To The National Firearms Act
Gun owners in Iowa 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 Iowa 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 Iowa ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in Iowa. 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 Iowa 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 Iowa
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in Iowa. 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 Iowa 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 Iowa. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in Iowa 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 Iowa Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in Iowa 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 Iowa State Constitution States: Iowa has no State Constitutional right to keep and bear arms. However, the Iowa Constitution does guarantee certain inalienable rights—among which are “defending life” and “protecting property.”
On January 1, 2011, Iowa became a "shall issue" state for a permit to carry weapons on one's person. Applicants must successfully complete an approved training course. Iowa will honor any valid permit issued by any other state. Citizens do not have to be a resident of the state from which the permit was issued. However, an Iowa resident may only carry a firearm on his or her person with an Iowa-issued permit. A training course is required. If citizens have an Iowa permit to carry weapons, they do not need a permit to acquire pistols when purchasing a handgun. The permit is valid for 5 years before it must be renewed.
For an Iowa CCW Permit; Applications must be filed in person with the sheriff of the county of residence. There are exceptions for applications for nonresident professional permits and applications for professional permits for a state employee who needs to go armed to work, which are filed with the Iowa Department of Public Safety. The permit is valid for five years. Applicants must be 21 years old for a nonprofessional permit and 18 for a professional permit.
From an Iowa Democrat: State Rep. Dan Muhlbauer (D-Manilla) has caught a lot of flak over recent comments attributed to him in Carroll’s Daily Times Herald. Muhlbauer was quoted advocating for a statewide ban on semi-automatic and “big guns”, making “radical changes” on gun laws and having government “start taking them” from private citizens.
When Iowa's law on gun permits changed in 2011, it became a lot easier to legally own a firearm, according to Black Hawk County Sheriff Tony Thompson, even if the applicant has issues like mental illness or lack of proper training. That's when Iowa became a "shall-issue" state, meaning the discretion to deny a gun permit is greatly restricted. "One of the most dramatic things that impacted us was the ability to research mental health," he said.
US Precision Defense has an extensive on-line store of shooting accessories.
In Tipton Iowa new gun control proposals have stirred intense debate the Cedar County Sheriff stood up for gun rights at a standing-room only forum in the basement of the Cedar County Courthouse .Sheriff Warren Wethington asked the democrats to host a forum on the topic he feels passionate about: gun control. "This is my attempt to reach across the aisle,” Sheriff Wethington said. "Any further infringement in gun laws is only going to hurt good people, and I'm not going to be a part of it,” he added. The sheriff shared his republican beliefs saying there are misconceptions about the proposed gun legislation. He shined the spot light on guns county residents own that could become part of the ban.
Sheriff Wethington also stated; “I’m the only sheriff in the state of Iowa that said I’m not going to assist the federal government in any federal gun laws,” The state has at least one Sheriff with a backbone and is willing to stand up for the 2nd amendment and the state of Iowa’s citizens gun rights. The other Sheriff’s of the state need to take notice…
For years, radical leftist zealot and New York City Mayor Michael Bloomberg has been on a rampage to dictate how you get to live your life. Whether it be banning soft drinks over 16oz, banning Styrofoam cups, forcing retailers to keep their tobacco products hidden from public sight, or limiting how much salt you can have on your food in restaurants – the elitist goals of Mayor Bloomberg know no limits. Gun owners will recognize the name of Mayor Bloomberg at once as he’s become perhaps the most public face to the most aggressive attempt to clamp down on our gun rights in a generation.
And while Mayor Bloomberg’s tyrannical fist may seem far away from gun owners in Iowa, it’s a lot closer than you think. While some anti-gunners couch their words and their agenda carefully and don’t reveal it fully, Mayor Bloomberg is very clear on his radical agendas. You see, Bloomberg’s ideas are starting to directly impact your gun rights in Iowa now too as Iowa mayors from Des Moines to Fairfield, and Dubuque to Cedar Falls are joining up with his organization.
Help US Precision Defense educate the public about Michael Bloomberg anti-gun and anti-2nd amendment agendas, become one our members today!