How Do I Select a Gun Trust And Firearms Attorney In Oregon ?
Before choosing a gun trust or firearms attorney in Oregon, 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 Oregon, 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 Oregon For Firearms That Are Subject To The National Firearms Act
Gun owners in Oregon 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 Oregon 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 Oregon ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in Oregon. 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 Oregon 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 Oregon
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in Oregon. 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 Oregon 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 Oregon. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in Oregon 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 Oregon Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in Oregon 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 Oregon State Constitutional Provision States: “The people shall have the right to keep and bear arms for the defense of themselves and the state, but the military shall be kept in strict subordination to the civil power.”
IN Oregon your gun rights are under direct attack, in February 2013 the Oregon legislature introduced HB 3200 which in essence is the following:
HB 3200 not only bans most modern guns and magazines, it allows warrantless searches of your home, requires background checks and registration for a firearm you already own and as-of-yet undefined storage requirements. We say “a firearm” because even if you comply with the restrictions in this bill you may still only own one.(Of course the bill does not apply to “government employees”.) There has been much chatter about governments confiscating guns, and this law would give the Oregon government that power. Typically, such a law is not retroactive, but this one is applicable to those legally in possession of such “assault” weapons. Any person who, prior to the effective date of this law, was legally in possession of an assault weapon or large capacity magazine shall, within 120 days after the effective date of this 2013 Act, without being subject to prosecution: This is tyranny plain and simple. If you believe in the US constitution and the second amendment you need to act, call your legislator, today!
Oregon is a shall-issue concealed-carry state and is notable for having very few restrictions on where a concealed firearm may be carried. Oregon also has statewide preemption for its concealed-carry laws, meaning that, with limited exceptions, counties and cities cannot place limits on concealed carry beyond those provided by state law. There is one possible exception to the "shall issue" statute. The concealed carry (CCW) license is issued by each county's sheriff, and is valid state-wide. The sheriff is given personal discretion if that sheriff "has reasonable grounds to believe that the applicant has been or is reasonably likely to be a danger to self or others." There is no pure definition of what that reason must be. With this the Sheriff can legally deny the issuance of a concealed carry permit.
US Precision Defense has a women’s only section with reports and information written by women for women. See the link on our home page.
As for open carry laws in the state of Oregon: The state of Oregon is an open-carry state, yet cities and counties are free to limit public possession of loaded firearms by individuals who do not have a concealed carry permit. The municipalities of Portland, Beaverton, Tigard, Oregon City, Salem, Independence, and Multnomah County have banned loaded firearms in all public places.
Oregon is one of only a very few states that do not have ANY reciprocity agreements with any other states. Many consider Oregon to be somewhat of an anti-gun state and is currently considering several gun banning measures in the state legislature.
Interestingly though there are pro-gun states that will recognize Oregon’s CCW permits within their borders and they are: Alaska, Arizona, Idaho, Indiana, Iowa, Kentucky, Michigan, Missouri, Montana, Nebraska, North Carolina, Oklahoma, South Dakota, Tennessee, Utah, and Vermont.
Some Oregon Legislators get it; February 2013 in what some see as a direct response to the HB 3200 authored by the Liberals within the legislature Rep. Tim Freeman (R-Roseburg) filed HB3006. The bill stands among the most ambitious Second Amendment Protection Acts in the U.S. It would essentially nullify all federal gun regulations in the state of Oregon. All federal acts, laws, orders, rules and regulations relating to firearms are invalid and may not be enforced in the State of Oregon. The bill directs the Oregon Legislative Assembly to adopt all measures necessary to block federal enforcement of firearms regulations and makes provisions of the act applicable before, on or after its passage. Nine fellow representatives and six senators joined Freeman in sponsoring HB3006. It will be interesting if either HB 3200 or HB 3206 pass and get vetoed or signed into law.
Two Oregon sheriffs have written Vice President Joe Biden to say their departments won't enforce any new gun laws they consider to be unconstitutional. In one letter, Sheriff Tim Mueller of Linn County said politicians are "attempting to exploit the deaths of innocent victims" by supporting laws that would harm law-abiding Americans. Crook County Sheriff Jim Hensley said later that he also sent the same letter. "We must not allow, nor shall we tolerate, the actions of criminals, no matter how heinous the crimes, to prompt politicians to enact laws that will infringe upon the liberties of responsible citizens who have broken no laws,"
US Precision Defense applauds these Elected Officials for standing up for the rights of the citizens’ of their counties and their belief in the Second Amendment.
Mueller says he took an oath to support the Constitution, and laws preventing citizens from owning certain semi-automatic firearms and ammunition magazines would violate their rights.