- Ann Arbor (MI)
- Battle Creek (MI)
- Clinton (MI)
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- Dearborn Heights (MI)
- Detroit (MI)
- Farmington Hills (MI)
- Flint (MI)
- Grand Rapids (MI)
- Kalamazoo (MI)
- Lansing (MI)
- Livonia (MI)
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- Pontiac (MI)
- Rochester Hills (MI)
- Royal Oak (MI)
- Saint Clair Shores (MI)
- Shelby Township (MI)
- Southfield (MI)
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How Do I Select a Gun Trust And Firearms Attorney In Michigan ?
Before choosing a gun trust or firearms attorney in Michigan, 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 Michigan, 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 Michigan For Firearms That Are Subject To The National Firearms Act
Gun owners in Michigan 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 Michigan 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 Michigan ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in Michigan. 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 Michigan 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 Michigan
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in Michigan. 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 Michigan 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 Michigan. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in Michigan 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 Michigan Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in Michigan 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 Michigan State Constitution States: “Every person has a right to keep and bear arms for the defense of himself and the state.”
In December of 2012 There was the most sweeping rewrite of Michigan’s concealed handgun law in more than a decade that included details that go well beyond opening so-called “gun free zones” to hidden weapons.
The state House on had passed a bill 68-41 and sent it to Governor Rick Snyder. Aside from allowing concealed handguns in schools and other places, a number of measures are aimed at streamlining a permit process critics say remains far from uniform statewide. Sheriffs will oversee all permit approvals. The state’s 83 county gun boards, in place since 1927, were abolished. County clerks still handle the processing.
Michigan's concealed carry law is "shall issue," meaning that anyone 21 or older may obtain a license to carry a concealed pistol, so long as the person is not prohibited from owning a firearm, has not been found guilty or been accused of certain felonies or misdemeanors within a certain time period, and has completed state-approved firearms training. Concealed Pistol License (CPL) holders are not required to obtain a license to purchase a pistol; however, they must fulfill the registration requirement (a sales record of the pistol acquisition).
Under Michigan law, carrying a concealed pistol under a CPL constitutes implied permission for chemical testing for illegal drugs or alcohol; and it is strictly forbidden for someone with a concealed pistol license to carry a pistol while on drugs or alcohol.
Michigan Republicans have introduced legislation that would make it a felony to enforce any federal laws that attempt to regulate gun ownership. House Bill 4457 would create the “Michigan firearm protection act”. It says: A public servant or dealer that sells a firearm in this state shall not enforce or attempt to enforce any act, law, statute, rule, or regulation of the United States government relating to a personal firearm, firearm accessory, or ammunition that is owned or manufactured exclusively within the borders of Michigan.
US Precision Defense supports the state of Michigan in its stand for gun rights and the 2nd amendment. To learn more about Michigan gun laws go to our home page of our website, Reciprocity maps.
Republicans in the state Senate have ignited Michigan's gun control debate early on in the 2013 legislative session. While all eyes were on Governor Rick Snyder's State of the State address, two of the 63 bills introduced in the Michigan Senate were GOP-sponsored initiatives to protect gun owners' rights. The proposals echo similar legislation introduced in other state capitols this year protecting the rights of law abiding gun owning citizens.
Michigan Public Act 377, enacted in December 2012, makes the buying process easier. "The most important change is now when you go to a federally licensed firearm dealer, there's no longer a requirement for a license to purchase. It makes it a little more efficient for the gun buyer; they don't have to make multiple trips which they did under previous law,"
Conflict between local municipalities and the state law: Some gun owners said Grand Rapids has gun ordinances that are too strict and that the ordinances don’t comply with state law. In Grand Rapids, it’s illegal to openly carry a gun. It must be concealed. However, state law says it’s ok.
While several other states and President Barack Obama are trying to tighten gun controls, Michigan is going in a different direction, introducing recent legislation in 2013 that would either expand gun rights or work toward making the state immune from any new federal regulations on weapons ownership.
From the Michigan State Sheriff’s Association: As sheriffs, we have sworn to uphold the Constitution of the United States and of the State of Michigan. We are determined to ensure that all provisions within both Constitutions are upheld. This includes, but is not limited to, the second amendment; our citizens’ ‘Right to Bear Arms’.
It should be understood that the issue of violence needs to be addressed in its totality, not simply as an issue of “gun” violence. Violence is a result of a breakdown on many fronts. Family, gangs, drugs, lack of proper mental health treatment and the proliferation of violent media just to name a few. Michigan is clearly a Pro-gun and strong supporter of the Second Amendment, help us to spread the word by being a member of US Precision Defense and have access to special reports and videos.