How Do I Select a Gun Trust And Firearms Attorney In Montana ?
Before choosing a gun trust or firearms attorney in Montana, 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 Montana, 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 Montana For Firearms That Are Subject To The National Firearms Act
Gun owners in Montana 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 Montana 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 Montana ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in Montana. 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 Montana 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 Montana
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in Montana. 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 Montana 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 Montana. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in Montana 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 Montana Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in Montana 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 Montana States: “The right of any person to keep or bear arms in defense of his own home, person, and property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but nothing herein contained shall be held to permit the carrying of concealed weapons.”
Montana has some of the most permissive gun laws in the United States. It is unique in having no state-level prohibited possessor statute, although the state preemption statute allows local governments to prohibit firearms possession among felons and mental incompetents. Montana is a "shall issue" state for concealed carry.
It is unlawful to carry or bear a concealed handgun without a permit to carry. Concealed is defined as wholly or partially covered by the clothing or wearing apparel.
In defiance of Federal gun laws promoted by the Obama administration Newly enacted Montana State law declares that firearms manufactured in the state of Montana after October 1, 2009, and which remain in the state, are exempt from United States federal firearms regulations, provided that these items are clearly stamped "Made in Montana" on a central metallic part.
Montana Gov. Steve Bullock (D) vetoed legislation which would have forbidden state law enforcement from cooperating with federal officials in enforcing a ban on semi-automatic weapons or high-capacity magazines, should such a ban ever become law. According to Bullock, the legislation was nothing more than “unnecessary political theater.”
A quote from the Governor: “I am and always have been a staunch supporter of our Second Amendment rights,” “We have a strong tradition in Montana of gun ownership, hunting and participation in shooting sports. I believe that is an important tradition to preserve.”
The Governor seems torn between what he says and what he vetoes; it will be up to the voters of Montana to decide at the next election if they agree with the Governors stand on gun rights. US Precision Defense keeps a complete list of all States gun laws and Reciprocity agreements. Visit our home page for other features, our member’s only section, and our on-line store.
The following is from the Montana Sheriff’s Association: The MSPOA believes in the Second Amendment of the United States Constitution, which guarantees the right of the people to keep and bear arms and that this right shall not be infringed. It is important to note that no legislation affecting this right has been introduced. As our state and country continue to discuss and debate gun control legislation, the position of our association remains steadfast: the MSPOA will not waver in our defense of the Constitution and will stand to preserve our constituents’ right to possess firearms and the protections insured by the other nine amendments contained in the Bill of Rights.
Montana is a “shall-issue” state, meaning concealed carry permits must be issued to qualified applicants. However, no permit is needed to carry concealed outside cities, towns and logging camps. Qualified applicants in Montana must be residents of the state for at least six months prior to applying for a permit and must be at least 18 years old. Applicants must successfully complete a hunter safety course or firearms safety course.
In Kalispell, the seat of Flathead County, 250 people earn a living making guns or gun parts, a tenfold increase since 2005. That growth helped mitigate the effects of the recession. Homicides with guns are relatively rare in the area. There have been three in Kalispell, a city of 20,000 people, out of six murders total in the past 12 years, said Roger Nasset, the local police chief. His officers are never surprised to find a gun inside a car they stop for a traffic violation — and seldom bother to discuss it, much less confiscate it. Montana’s laws on gun possession are among the least restrictive in the nation.
Montana has over eight gun manufacturers including The Remington Arms Co. who has acquired the Montana Rifleman, a Flathead Valley company with humble beginnings that went into rapid growth over the last few years manufacturing firearm barrels and actions. The former owner, a local gunsmith Brian Sipe confirmed the sale of his company to Remington Arms.
For a complete listing of gun manufacturers, firearms instructors, shooting ranges and gun smiths see our home page of US Precision Defense.