How Do I Select a Gun Trust And Firearms Attorney In Nebraska ?
Before choosing a gun trust or firearms attorney in Nebraska, 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 Nebraska, 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 Nebraska For Firearms That Are Subject To The National Firearms Act
Gun owners in Nebraska 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 Nebraska 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 Nebraska ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in Nebraska. 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 Nebraska 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 Nebraska
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in Nebraska. 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 Nebraska 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 Nebraska. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in Nebraska 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 Nebraska Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in Nebraska 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
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The Nebraska State Constitutional Provision States: “All persons ... have certain ... rights, among these are ... the right to keep and bear arms for security or defense of self, family, home, and others, and for lawful common defense, hunting, recreational use, and all other lawful purposes, and such rights shall not be denied or infringed by the state or any subdivision thereof.”
In Nebraska, to purchase a handgun, a permit to purchase is required. Rifles and shotguns are not subject to gun laws more restrictive than those at the federal level. As of January 1, 2007, concealed handgun permits (CHPs) are being issued by the Nebraska State Patrol.
Nebraska is a "shall issue" state as of January 1, 2007, Requirements for a concealed carry permit in Nebraska are a state-certified handgun safety course within the past three years, a resident of the state, a successful background check and at least 21 years of age. Nebraska does not issue permits to anyone who is barred from owning a handgun under federal law.
The NRA has reported that the Nebraska legislature has passed a Right to Carry legislation and Governor Heineman has signed it into law. Nebraska is now the 48th State to have some form of Right to Carry. There are now 38 states that are shall issue, and Nebraska will be the 39th shall issue state.
Nebraska does not have a law against open carry in public, hence Nebraska is an open carry state. However there is no state statute specifically "allowing" it and there is no state pre-emption in this regard either so local law can be more strict than the state law.
April, 2012 Legislative Bill 807, Concealed Handgun Permit reform legislation, passed during its final reading on the floor of the Legislature by an overwhelming 48 to 1 vote. LB 807 was then transmitted to Governor Dave Heineman who signed it into law. Pursuant to Nebraska Statute 69-2403 a firearm purchase certificate is required to purchase, lease, rent, or receive a handgun. The law applies to both retail and private party transactions. The law also prohibits selling, leasing, renting, or transferring a handgun to a person who does not possess a handgun certificate.
US Precision Defense offers a members only section with reports and videos, an on-line store, and reciprocity maps, and information just for women shooters.
Lincoln County Sheriff Jerome Kramer stated; "I support [LB 451], because I took an oath to support the Constitution in its entirety, There are things happening at the federal level that are concerning to a lot of Americans. I think Sen. Janssen took the first step to keep the federal government out of our personal lives in Nebraska."
Two Nebraska Sheriff’s have gone on record as supporting a bill that would impede the Federal government’s efforts to enforce the gun ban bills currently before the U.S. House and Senate. The bill drew support from Nebraska Sheriffs Jerome Kramer of Lincoln County and Shawn Hebbert of Grant County.
A growing number of elected Sheriff’s from across the country are starting to become outspoken on the issue of gun control and supporting the US constitution and specifically the second amendment. The Nebraska Sheriff's Association Opposes Gun Bans, and as a collective body voted to endorse Nebraska LB 451. Although individual Sheriff’s offices in Nebraska may not have made individual statements regarding the second amendment and their support, that support is evident by their membership in the Nebraska Sheriff’s Association, and their public statement of belief in the entire Constitution including the second amendment.
Citizens and Sheriffs’ Rally to Preserve Threatened Second Amendment Rights, Angry elected county sheriffs too are continuing their rise against Congress and the President for the same reason. “Leave the Bill of Rights alone.” Their movement, starting in mid-January, also has yet to break through the unsympathetic establishment press.
Perhaps Remington should consider a state that is not only friendly to the Second Amendment, but also has a governor trying to find a way to get rid of both individual and corporate income taxes. If Nebraska Governor Dave Heineman and the Legislature can accomplish that, perhaps that can be incentive for companies to relocate to Nebraska instead of staying in states unfriendly to their product or that levy taxes detrimental to business and job creation. It's probably just a dream, but it would be awesome to have such a legendary gun manufacturer relocate to Nebraska.
Nebraska currently only has a couple of very small specialty manufacturers in the firearms industry so there is a perfect climate for the Governor to try and entice mainstream firearm manufacturers to move to the state.
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