How Do I Select a Gun Trust And Firearms Attorney In Ohio ?
Before choosing a gun trust or firearms attorney in Ohio, 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 Ohio, 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 Ohio For Firearms That Are Subject To The National Firearms Act
Gun owners in Ohio 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 Ohio 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 Ohio ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in Ohio. 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 Ohio 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 Ohio
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in Ohio. 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 Ohio 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 Ohio. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in Ohio 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 Ohio Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in Ohio 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
In The State of Ohio, a Constitutional Provision states: “The people have the right to bear arms for their defense and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be kept up; and the military shall be in strict subordination to the civil power.”
The Ohio constitution acknowledges the right to keep and bear arms. Ohio law provides very few additional restrictions on gun ownership and transactions than the restrictions provided by Federal Law. Ohio gun law relates mostly with the carrying and transportation of guns. In April 2004, Ohio's concealed carry statute went into effect. The law (Ohio Revised Code [O.R.C.] 2923.12, et seq.) allows persons 21 and older to receive a concealed handgun license provided that they receive a minimum of 12 hours of handgun training (10 hours of classroom instruction and 2 hours of range time) from a certified instructor, demonstrate competency with a handgun through written and shooting tests, pass a criminal background check, and meet certain residency requirements.
In researching all of the states CCW permitting procedures US Precision Defense staff all agree that the procedure that Ohio had adopted in one of the best in the county. It provides for both adequate class room and range time coupled with both written and shooting testing along with a criminal background investigation, These type of certification procedures assures that a CCW holder has good initial training and provides the public with the knowledge that the state is providing CCW permits at a high professional level. We supports all states that require adequate range shooting time and testing.
Currently, Ohio's concealed carry (CCW) law allows for reciprocity with other states with "substantially comparable" statutes, and to date Ohio has reciprocity with 23 other states. These states include: Alaska, Arizona, Arkansas, Delaware, Florida, Idaho, Kansas, Kentucky, Louisiana, Michigan, Missouri, Nebraska, New Mexico, North Carolina, North Dakota, Oklahoma, South Carolina, Tennessee, Utah, Virginia, Washington, West Virginia, and Wyoming.
US Precision Defense has a complete database of firearms instructors, Shooting ranges, and gun smiths from all across the country. Go to our “home” page and see all the other features that that we offer to our membership.
Open carry is lawful in Ohio and comes with less preliminary requirements than a concealed handgun licensee must go through in order to carry a firearm. However, open carry in Ohio by an individual who is not also licensed to carry a concealed firearm comes with many possible legal issues that must be clearly understood. Most notably is the fact that in order to enter any motor vehicle an individual who is in “open carry” must unload the firearm to be able to legally and properly transport it. A concealed handgun licensee is permitted to have a loaded handgun in a vehicle. With the recent adoption of restaurant carry in Ohio while open carry is "lawful" within a restaurant it is only permitted by a person who is licensed to carry a concealed handgun. Walking into a Class-D establishment with a visible firearm and no license to carry is illegal in Ohio. It is imperative that one is very familiar with the law or you could face a fine or worse, be arrested.
Ohio is a traditional open carry state. Recently, the Ohio legislature passed HB-12 over Governor Taft’s veto, thus preempting all local open carry bans even in Ohio’s “home rule” localities. Unfortunately, despite passage of HB-12, a permit to conceal a firearm is still required to openly carry a handgun in a vehicle.
June, 2013: Republican lawmakers have introduced a new wave of legislation that would continue to expand gun rights in the state of Ohio. Among some of the proposed changes are measures that would allow public officials to carry firearms in the Statehouse and other "non-secured" public buildings, the measure would also ban law enforcement from melting down confiscated guns and it would also loosen the state's definition of what is an "automatic firearm."
The concealed carry (CCW) law in Ohio passed in 2004. By 2012, more than 250,000 Ohioans have Concealed Carry permits within the state.
In response to the ongoing debate in the US congress about gun control and the second amendment rights it appears that the 88 different Sheriffs Offices in Ohio have quite a difference of opinion which can all be found on their individual websites, you are encouraged to do your research to see how your local Sheriff plans to protect your second amendment rights.
US Precision Defense maintains an on-line store, reciprocity maps, and a members only section with shooting reports and videos.