How Do I Select a Gun Trust And Firearms Attorney In Oklahoma ?
Before choosing a gun trust or firearms attorney in Oklahoma, 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 Oklahoma, 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 Oklahoma For Firearms That Are Subject To The National Firearms Act
Gun owners in Oklahoma 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 Oklahoma 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 Oklahoma ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in Oklahoma. 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 Oklahoma 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 Oklahoma
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in Oklahoma. 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 Oklahoma 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 Oklahoma. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in Oklahoma 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 Oklahoma Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in Oklahoma 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
Oklahoma State Constitutional Provision: “The right of a citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power, when thereunto legally summoned, shall never be prohibited, but nothing herein contained shall prevent the legislature from regulating the carrying of weapons.”
As of 2013, To obtain a CCW permit in Oklahoma; The first step is to take a class by a certified instructor. Upon successful completion of the class, you will need to fill out an application provided by the Oklahoma State Bureau of Investigation which can be downloaded from the OSBI website. You will also need to obtain 2 passport size photos. Take your original class completion certificate, completed OSBI application, and passport photos to your local sheriff’s office. There, you will have two sets of fingerprints taken and your application packet will be reviewed. You will need to have a certified check or money order made payable to OSBI for $100 and another certified check or money order made payable to your sheriff’s office for $25.
In 2012 Nearly 40,000 concealed carry permits were issued in Oklahoma, the highest total ever recorded. The latest permit totals in Oklahoma also show they were issued at record levels during the first and last years of Obama's first term in office.
Concealed carry applications are up across the state. In fact, the Oklahoma State Bureau of Investigations says applications for gun permits more than doubled this January (2013) compared to last January. In Ellis County, it's even more impressive. People applied for gun licenses at twice the rate when compared to all the other 76 Oklahoma counties.
Gun laws in Oklahoma regulate the sale, the possession, and the use of firearms and ammunition in the state. Oklahoma is generally a Pro-Gun state, and has mostly less-restrictive gun laws. Being part of the Southern and Western U.S., Oklahoma is home to a very strong gun culture, and of which is clearly reflected in Oklahoma's primarily pro-gun laws.
May 15, 2012; Oklahoma State Senate Bill 1733 was signed into law by Governor Mary Fallin, which authorized open and concealed carry of handguns by permit holders. This law took effect November 1, 2012, and made Oklahoma the 25th state to allow licensed open carry.
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2013, Concealed Carry Permits are way up in Oklahoma; The Oklahoma Self-Defense Act gives the Oklahoma State Bureau of Investigation 60 days to process applications of people with clean background checks and 90 days if the background check raises flags. But the OSBI's processing time for all requests has been averaging about 94 days. The department is working hard to streamline the process, yet was not expecting to massive volume of CCW permit requests, apparently the direct result of fears over the Obama administrations attempts to force gun control upon the states.
Starting in 2012, gun owners with a permit can carry loaded firearms openly in public for the first time since before Oklahoma became a state. In general, Senate Bill 1733, signed into law by Gov. Mary Fallin in May of 2012, amends the state’s concealed weapons laws by removing the word “concealed.” The law amendments also recognize the right of permitted gun carriers to carry handguns openly on their private property and allow people with permits issued in other states to carry their weapons in public.
In Oklahoma anyone licensed to carry a concealed firearm can choose to carry a weapon out in the open, in a belt or shoulder holster, loaded or unloaded. Oklahoma has 142,000+ men and woman licensed to carry concealed weapons. Now Oklahoma joins 43 other states in the nation to have some form of licensed open carry.
The most active members of Oklahoma's pro-gun lobby said President Barack Obama's push for tighter gun restrictions is “feel good” politics at the cost of sound gun policy. President Obama accused the national gun lobby of “ginning up” fears that the federal government is looking to take away gun rights.
January 2013, Oklahoma strongly supports the second amendment, in recent legislation put up for a vote a bill was introduced which reads: "Federal acts, laws, orders, rules, regulations, bans or registration requirements regarding firearms constitute an infringement on the individual right to keep and bear arms in the Constitution of the United States...and are hereby declared to be invalid in the State of Oklahoma."
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