How Do I Select a Gun Trust And Firearms Attorney In North Dakota ?
Before choosing a gun trust or firearms attorney in North Dakota, 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 North Dakota, 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 North Dakota For Firearms That Are Subject To The National Firearms Act
Gun owners in North Dakota 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 North Dakota 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 North Dakota ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in North Dakota. 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 North Dakota 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 North Dakota
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in North Dakota. 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 North Dakota 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 North Dakota. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in North Dakota 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 North Dakota Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in North Dakota 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 North Dakota State Constitutional Provision States: “All individuals . . . have certain inalienable rights, among which are . . . to keep and bear arms for the defense of their person, family, property, and the state, and for lawful hunting, recreational, and other lawful purposes, which shall not be infringed.”
North Dakota is a "shall issue" state for concealed carry. The North Dakota Bureau of Criminal Investigation (BCI) shall issue a concealed weapon permit to a qualified applicant. The applicant must pass a written exam and submit an application to the local law enforcement agency, which conducts a local background check before forwarding the application to the BCI. The permit is valid for five years. A concealed weapon permit is required when transporting a loaded firearm in a vehicle.
North Dakota does not require a license to purchase a handgun. You may openly carry an unload weapon without a permit during the day, unless you have a concealed weapons permit, in which case you may openly carry loaded weapons during the day or night.
Interesting law in North Dakota: North Dakota allows employees to sue their employers for damages if asked about gun possession. The North Dakota statue specifically bars employers from asking if employees’ vehicles parked on company property have weapons in them!
Local governments in North Dakota generally lack authority to regulate firearms and ammunition, and North Dakota affords local law enforcement some discretion in issuing concealed carry licenses.
North Dakota is a shall-issue state; authorities are required to issue a concealed carry permit to qualified applicants. Unlike many states, where the minimum age for receiving a permit is 21, North Dakota requires permit holders to be at least 18. The state also requires a written exam and a background check. Application is made through the local Sheriffs and Police departments, for applicants living within a city limits.
Open carry is generally restricted in North Dakota; loaded weapons cannot be carried except by those with a concealed carry permit. The state does have a preemption law that prevents municipal or county governments from enacting gun laws more restrictive than state law, and also has a law protecting firing ranges.
US Precision Defense offers a members only section, a woman’s section, an on-line store, reciprocity maps and much more!
April, 2013; important self-defense legislation, was signed into law. HB 1283, allows concealed weapons permit (CWP) holders to carry their lawfully possessed firearms in a church building or other place of worship with permission from the primary religious leader. This legislation passed in the state Senate by a 28-17 vote and in the state House by a 82-11 vote.
In 2007, North Dakota enacted a self-defense law based on the castle doctrine. Within one’s home, vehicle or place of business, the law has a “stand-your-ground” clause that permits the use of deadly force against persons breaking in without a duty to retreat. The law, which was lobbied for by the National Rifle Association, provides immunity to persons who use deadly force in such situations.
NYC Mayor Michael Bloomberg’s latest anti-gun campaign targets North Dakota, among many other states, and Democratic Sen. Heidi Heitkamp isn’t happy about it. The reason? North Dakota has one of the highest rates of gun ownership in the country and the lowest gun crime rate in the nation. “As the former attorney general of North Dakota, I do not need someone from New York City to tell me how to handle crime in our state,” Heitkamp said. “I know that we can go after and prosecute criminals without the need to infringe upon the Second Amendment rights of law abiding North Dakotans.”
For those in North Dakota who want to purchase a firearm, the process is fairly straightforward if they are eligible to own one. North Dakota follows federal guidelines and the state doesn’t have specific laws related to gun purchases.
2013, The North Dakota legislature will soon be considering several bills concerning guns, most of them having to deal with a person’s right to own and carry firearms. House Majority Leader Al Carlson says he supports that effort. Carlson says that President Obama does not want an armed citizenry and says he would like to see more effort put into changing social behaviors and mental health screenings.
North Dakota is known for its strong support of the second amendment. The state has a high gun to population ratio and also has a very low incident of violent crimes. US Precision Defense has a complete database of firearms instructors, Shooting ranges, Gun Smiths and state self-defense laws.