How Do I Select a Gun Trust And Firearms Attorney In Mississippi ?
Before choosing a gun trust or firearms attorney in Mississippi, 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 Mississippi, 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.
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Gun Trust In Mississippi For Firearms That Are Subject To The National Firearms Act
Gun owners in Mississippi 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 Mississippi 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 Mississippi ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in Mississippi. 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 Mississippi 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 Mississippi
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in Mississippi. 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 Mississippi 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 Mississippi. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in Mississippi 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 Mississippi Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in Mississippi 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 State Constitutional Provision of Mississippi states: “The right of every citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but the legislature may regulate or forbid carrying concealed weapons.”
On July 1, a new law giving Mississippi residents the right to openly carry firearms without the need of a gun permit went into effect. During a two-hour block of instruction and education on the Open Carry Law, area law enforcement officers were given guidance on how the new law will impact their jobs and how to deal with citizens walking around with firearms at their side. "This new law will result in quite a few calls from the general public as they notice more guns being carried out in the open," said Ward Calhoun, chief deputy of the Lauderdale County Sheriff's Department. "But for the purpose of this session, it is all about the effect the law will have on us as law enforcement personnel."
The State of Mississippi currently has two types of Concealed Carry Permits (CCP). The first concealed carry permit is actually called a Firearms Permit. A Mississippi Firearms Permit is relatively easy to obtain and requires no formal firearms training. However, there are some limitations on where you can and cannot carry your firearm with this permit. The second permit type is called an Enhanced Carry Permit. To get the Enhanced Carry Permit a resident must attend a formal firearms training course from an instructor certified by the Mississippi Department of Public Safety. The Enhanced Carry Permit greatly reduces the limitations on where you are legally able to carry your firearm.
The new Mississippi law that went into effect in June, 2013 has sparked controversy between gun rights and gun control groups. The new law clarifies the state’s current gun laws to define concealed carry as a weapon being carried in a sheath that is not fully or partially visible.
Mississippi is historically a pro-gun state. Gun rights are even written into the state’s constitution, but the wording also specifies that the state can place restrictions on concealed and open carry.
As with most conservative states there is an upwelling of resentment against the federal government for trying to force their anti-gun agendas upon the states and their citizens, and Mississippi’s recent new pro-gun legislations is an overt statement in support of the second amendment.
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The Mississippi Department of Public Safety shall issue a license to carry a concealed pistol or revolver to a qualified applicant within 45 days. The license is valid for five years. Concealed carry is not allowed in a school, courthouse, police station, detention facility, government meeting place, polling place, establishment primarily devoted to dispensing alcoholic beverages, athletic event, parade or demonstration for which a permit is required, passenger terminal of an airport, "place of nuisance" as defined in Mississippi Code section 95–3–1, or a location where a sign is posted and clearly visible from at least ten feet away saying that the "carrying of a pistol or revolver is prohibited"
Mississippi state law now allows firearms to be openly carried without a permit. House Bill 2, passed in 2013, was celebrated by supporters as an important step to protecting the Second Amendment rights of law-abiding citizens. It essentially permits those who are not convicted felons to have on their person firearms that are visible.
In an opinion issued June 13, 2013; Attorney General Jim Hood clarified some of the law’s details, in response to concerns from law enforcement about open carry being allowed in jails and courthouses. Hood said in his opinion that would be left up to individual county sheriffs, most of whom have already said they will not allow firearms unless they’re carried by law enforcement.
As many American began to feel the heat of President Obama's gun control legislation, the Mississippi legislature took steps to further expand gun rights in Mississippi. House Bill 2, which went into effect on July 1, 2013, expanded the current weapons statute, Mississippi Code Ann. 97-37-1, to allow citizens to openly carry firearms in public without requiring a concealed carry permit. In light of Mississippi's existing "Guns in Trunks" law and the recent expansion of state issued concealed carry permits, House Bill 2 is yet another pro-gun rights victory for all Mississippi residents.
Mississippi is one of many states that are taking a stand for second amendment rights in direct response to the Obama administrations attempts to strip our rights away and in trying to force their liberal agenda upon the states.
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