How Do I Select a Gun Trust And Firearms Attorney In Rhode Island ?
Before choosing a gun trust or firearms attorney in Rhode Island, 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 Rhode Island, 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 Rhode Island For Firearms That Are Subject To The National Firearms Act
Gun owners in Rhode Island 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 Rhode Island 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 Rhode Island ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in Rhode Island. 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 Rhode Island 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 Rhode Island
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in Rhode Island. 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 Rhode Island 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 Rhode Island. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in Rhode Island 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 Rhode Island Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in Rhode Island 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
Article 1, Section 22 of the Rhode Island State Constitutional Provision states: “The right of the people to keep and bear arms shall not be infringed.”
Under Rhode Island law, either local authorities or the attorney general’s office may issue four-year permits to carry a concealed weapon, This also allows an individual to carry a handgun not only in Rhode Island and in other states that have reciprocity agreements. Many police chiefs in the state say they don’t want the responsibility of issuing CCW permits, especially because the law doesn’t allow them much discretion. The law states that local authorities “shall issue” the permits to those qualified, while the attorney general’s office “may issue.” This makes it easier to get permits from local authorities than from the attorney general’s office, and there’s no consistent process from one municipality to the next.
Rhode Island is the only state that has the conflicting “shall issue” vs “May Issue” statues.
The is currently as of June 2013 HB 6160 up for a vote in the Rhode Island legislature that would remove the town clerk and sergeant from the list of licensing officers for concealed carry permits, effectively changing the concealed carry laws in the state from a “Shall Issue” to a “May Issue” state as all CCW permits would then only be issued by the state attorney general’s office. Luckily for gun owners the matter has been put off for “further” study.
Several police chiefs in the state have said they would rather have the determination of whether to issue a CCW permit made through one central agency, such as the state Attorney General’s Office, instead of on a town-by-town basis where one police chief might make a different call than another chief under the same circumstances.
Contradiction in the Rhode Island state “Open Carry” laws: Rhode Island is not a traditional open carry state. Open carry is permitted to those with a carry permit issued from the Attorney Generals office. Yet as we underhand it you cannot open carry if your permit was issued by the local police chief?
2013; While the battle over gun control is never over, gun owners in the Ocean State should be pleased that their legislators did not follow the trail blazed by New York, Connecticut, Maryland, and Colorado, all of which passed onerous gun control laws.
US Precision Defense is the largest website of its kind on the internet today, go to our Home page and see all of the information and services we offer.
Rhode Island is a hybrid "shall issue" and "may issue" state for both concealed and open carry. Licenses may be granted either by local authorities or by the state's attorney general's office. Licenses granted by local authorities are "shall issue" while those issued by the attorney general's officer are "may issue" under state law. However, most local authorities defer to the attorney general which effectively blocks most CCW issuances (unless one is a retired Law Enforcement Officer.)
So you can trust the state officials and not the local law enforcement? Open carry of handguns is permitted for only those with a carry permit issued by the attorney general. Open carry is not permitted for those who's handgun carry permits (CCW’s) were issued by local authorities. Long gun open carry is not prohibited by law.
Rhode Island protects the right to bear arms under Article 1, Section 22 of the state constitution, yet this does not mean that everyone may carry a gun, or that you may always carry a gun wherever you like. You may carry a concealed weapon in your own house, property, or fixed place of business without a permit, but Rhode Island requires a safety certificate to openly carry a weapon anywhere else, and a concealed carry permit to carry a weapon concealed on (or near) your body or vehicle. You also have to have a permit issued from the Attorney General if you want to “open carry”, yes confusing we know!
The Rhode Island Police Chiefs Association has supported legislation that would require the attorney general to process all concealed carry applications. Currently, all state town clerks and or town sergeants, in compliance with the existing statute, are accepting and processing these CCW applications.
2013, 2nd Amendment Rights are currently under attack in the Rhode Island General Assembly. The citizens of the state need to contact their state legislators and get their voice herd, if you do not act you can and will lose your gun rights!
Rhode Island’s permits are honored by the following states: Alaska, Arizona, Idaho, Indiana, Iowa, Kentucky, Michigan, Missouri, Nebraska, Oklahoma, Rhode Island, South Dakota, Tennessee, Texas, Utah and Vermont.
US Precision Defense has a complete on-line store and reciprocity maps for the entire US, see more on our Home page.