How Do I Select a Gun Trust And Firearms Attorney In Maine ?
Before choosing a gun trust or firearms attorney in Maine, 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 Maine, 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 Maine For Firearms That Are Subject To The National Firearms Act
Gun owners in Maine 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 Maine 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 Maine ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in Maine. 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 Maine 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 Maine
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in Maine. 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 Maine 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 Maine. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in Maine 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 Maine Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in Maine 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
Maine’s State Constitution states: “Every citizen has a right to keep and bear arms and this right shall never be questioned.”
Maine is a "shall issue" state for concealed carry. The issuing authority are the local police, or the state police. A permit to carry a concealed firearm shall be issued within 30 days to a qualified applicant, who has to show proficiency in the use of firearms, and who has resided in Maine for at least five years, or within 60 days to a nonresident or a resident for less than five years. The Concealed Carry permit (CCW) is valid for 4 years. A permit to carry a concealed firearm is required when transporting a loaded firearm, either concealed or plainly visible, in any vehicle.
In the capitol Augusta state lawmakers are prepping themselves for a round of hearings, debates and decisions on proposed changes to Maine’s gun laws. In an informational session, the Legislature’s Criminal Justice and Public Safety Committee heard from several experts on the state’s gun laws, including Maine Attorney General Janet Mills. In the works are more than 20 bills that look to address issues revolving around the use and possession of firearms in Maine. At least a dozen of those measures go to public hearings. Many of the bills look to add restrictions, such as background checks at gun shows and private sales and capacity limits on ammunition magazines. Others would loosen gun control. For example, some bills would prohibit the state from enforcing federal gun laws. One proposal aims to completely eliminate the state’s permit requirement for carrying concealed handguns.
The primary difference between state and federal gun laws depends on which government makes the laws and prosecutes those suspected of violating them. Further, some weapons that do not count as firearms under federal law, such as black-powder or antique weapons are counted as firearms under Maine law.
Open carry is permissible in Maine. However, guns concealed in the glove box of a motor vehicle are considered concealed. Unless a person has a valid concealed carry permit, an individual cannot carry a weapon in a motor vehicle or trailer pulled by a vehicle that are ready to fire, meaning loaded usually meaning a round in the chamber.
To see the complete list of all of Maine’s gun laws visit the home page on US Precision Defense, our Reciprocity maps.
Fact; Maine has the highest gun ownership per capita in the nation and among the lowest crime rates! Yet your Second Amendment rights are constantly under attack by those who ignore facts and the intent of both the United States Constitution as well as Maine’s Constitution.
Found an article in a Maine newspaper in regards to the 2nd amendment asking who do we turn to that can decide who can protect us, Consider this: When Americans think about their rights, do they look first to the police to discuss how they might be altered, amended, limited or restricted? Who goes to the police station to find out what speech is protected by the First Amendment? Who flags down a passing patrol car to receive definitions of our guarantees of freedom of religion, or the right to a trial by jury, or to be protected against self-incrimination, or to be allowed to confront one’s accusers, or to be granted a writ of habeas corpus? So why should we consult the police when it comes to exercising our God-given right to bear arms? You can’t, all these questions are simple, it is up to the voter and those the voters place in elected office, ultimately we the citizens have the power and the answers, all can be found at the ballot box….
In a quote from the Maine’s Sheriff’s Association; recently there have been several high profile incidents surrounding violence in schools and other public places throughout the United States. The sheriffs of the State of Maine are committed to ensuring that our children and communities are safe. As sheriffs, we have sworn to uphold the Constitution of the United States and of the State of Maine. We are determined to ensure that all provisions within both Constitutions are upheld. This includes the second amendment; our citizens’ ‘Right to Bear Arms’.
This is a Law Enforcement association that stands in support of the Second Amendment and the rights of the citizens in the state of Maine and is a positive example that other associations in other states could follow.
Many of the staff of US Precision Defense have either Law Enforcement or Military experience, and know firsthand the value of our freedoms, and we think the citizens of Maine are very fortunate to live in a state that is not only a strong supporter of the second amendment, yet also have the support of the Elected Sheriff’s in the state.