- Ashland (KY)
- Bardstown (KY)
- Berea (KY)
- Bowling Green (KY)
- Covington (KY)
- Danville (KY)
- Elizabethtown (KY)
- Erlanger (KY)
- Florence (KY)
- Fort Thomas (KY)
- Frankfort (KY)
- Georgetown (KY)
- Glasgow (KY)
- Henderson (KY)
- Hopkinsville (KY)
- Independence (KY)
- Jeffersontown (KY)
- Lawrenceburg (KY)
- Lexington (KY)
- Louisville (KY)
- Lyndon (KY)
- Madisonville (KY)
- Mayfield (KY)
- MIddlesborough (KY)
- Murray (KY)
- Newport (KY)
- Nicholasville (KY)
- Owensboro (KY)
- Paducah (KY)
- Radcliff (KY)
- Richmond (KY)
- Shelbyville (KY)
- Shepherdsville (KY)
- Shively (KY)
- Somerset (KY)
- St. Matthews (KY)
- Winchester (KY)
How Do I Select a Gun Trust And Firearms Attorney In Kentucky ?
Before choosing a gun trust or firearms attorney in Kentucky, 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 Kentucky, 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 Kentucky For Firearms That Are Subject To The National Firearms Act
Gun owners in Kentucky 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 Kentucky 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 Kentucky ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in Kentucky. 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 Kentucky 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 Kentucky
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in Kentucky. 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 Kentucky 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 Kentucky. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in Kentucky 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 Kentucky Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in Kentucky 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
Kentucky’s state constitution states: “All men are by nature, free and equal, and have certain inherent and inalienable rights, among which may be reckoned: the right to bear arms in defense of themselves and of the state, subject to the power of the general assembly to enact laws to prevent persons from carrying concealed weapons.”
With 47.7% of Kentucky’s population being gun owners the state is considered one of the top five pro-gun states in the country. Kentucky's is a "shall-issue" state for CCW’s. The law is written in such a way as to allow the carry of concealed "deadly weapons", not just handguns, and the permit is called a “Concealed Deadly Weapons License (CDWL).” The definition of a "deadly includes a wide array of weapons other than guns, including knives (certain types), clubs, blackjacks, nunchaku, shuriken, and brass knuckles (including knuckles made from other hard materials). All CDWLs are issued for 5 years. Kentucky is unique in the type of weapon that covered by their “CDWL” laws.
In support of the 2nd amendment Kentucky took preemptive action against expected anti-gun laws coming out of the US Congress, The state Senate in 2013 overwhelmingly passed a nullification bill that would prohibit Kentucky from enforcing new federal gun control laws if they’re enacted, despite concerns about the bill’s constitutionality. The vote was 34-3. Three of the Senate’s 14 Democrats voted no, stating that the measure would be trumped by the U.S. Constitution’s Supremacy Clause. Kentucky is not alone as several other states such as; Texas, Alaska, and Arizona have all signed into law very similar legislation.
The state was forced to amend the law in 2013 to more clearly define existing law, case in point; The city of Louisville can no longer define a firearm as a "deadly weapon." That's the indirect result of a new state law in Kentucky that prevents local governments from regulating or enacting gun laws. The new state law does not mean guns aren't deadly weapons, it simply means it's the state's role to enact and implement any gun laws, not local governments, individuals or municipalities.
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As the nation debates restricting guns on all levels Kentucky as many states are starting to do, it has gone the other way, by now allowing guns in places where they’ve been banned for decades. One Kentucky state lawmaker, who opposed the new gun laws stated; “It will open up Kentucky to a new Wild West.”
Kentucky as well as eighteen other states have introduced bills under the Second Amendment Preservation Act, which is “a state-level bill that renders all federal gun laws, regulations, rules, acts, orders etc. – null and void within the borders of the state,” Although states are standing up for their individual rights many believe that these series of laws are for bluster and show only as once challenged in court will be struck down as unconstitutional, and no doubt the US Government (the current administration as of 2013) will at some point will challenge the states and seek a final ruling by the U.S. Supreme Court.
Kentucky which known not only as a pro-gun state, it is also very well known for its true patriots. A perfect example of this is Kentucky Sheriff Denny Peyman who refused to enforce any new gun laws that he deemed unconstitutional and says that the Second Amendment is “like the Bible” because “you either believe it or you don’t.” Sheriff Peyman also said that he had a “moral obligation” to defy any new executive orders from President Barack Obama or laws passed by Congress if they restricted the Constitutional right to bear arms. The Sheriff added that; “I swore an oath to the Constitution and in the Constitution is the Second Amendment and that’s what this country is based upon. How can I rightfully in my own mind and in my heart come in and take guns away from people when that is their protection?”
President Barack Obama’s gun control speech in 2013 is being praised by his supporters as a bold step, but the White House acknowledges that sweeping reforms will require support from pro-gun areas like Kentucky in order to pass Congress. Based on Kentucky’s pro-gun history and understanding of the 2nd amendment coupled with recent legislation passed by the Kentucky legislature the administration in Washington has to know that the support they are seeking for their ideas of gun reform simply will not happen (Thanks Kentucky!)
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