How Do I Select a Gun Trust And Firearms Attorney In South Carolina ?
Before choosing a gun trust or firearms attorney in South Carolina, 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 South Carolina, 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 South Carolina For Firearms That Are Subject To The National Firearms Act
Gun owners in South Carolina 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 South Carolina 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 South Carolina ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in South Carolina. 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 South Carolina 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 South Carolina
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in South Carolina. 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 South Carolina 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 South Carolina. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in South Carolina 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 South Carolina Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in South Carolina 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 20 of the South Carolina State Constitutional Provision states: “A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.”
South Carolina is a "shall issue" concealed carry (CCW) permit state. No permit is required to purchase rifles, shotguns, or handguns. South Carolina also has a "Castle Doctrine" legal protection in the use of deadly force against intruders into one's home, business, or car. Non-South Carolina residents are not eligible for the South Carolina concealed carry permit.
A Connecticut gun manufacturer is moving to South Carolina after Connecticut lawmakers passed stricter gun-control laws. PTR Industries has made the formal announcement at a ribbon-cutting ceremony that was attended by South Carolina Republican Governor Nikki Haley. The company is going to Horry County, which includes Myrtle Beach which has approved a resolution setting out the terms of the company's move.
South Carolina’s preemption statute is set forth as follows: “No governing body of any county, municipality, or other political subdivision in the State may enact or promulgate any regulation or ordinance that regulates or attempts to regulate: The transfer, ownership, possession, carrying, or transportation of firearms, ammunition, components of firearms, or any combination of these things.”
South Carolina is not a traditional open carry state. You cannot even open carry with a South Carolina CCW permit. However, you may carry a loaded firearm in the glove box or console of your vehicle while traveling and to and from your accommodations.
South Carolina is a “shall-issue” state, Qualified applicants must be at least 21 years of age and not be barred from possessing a gun under state or federal law. Unlike most states, South Carolina also has a vision requirement for carry permit applicants. To receive a permit, applicants must have proof of 20/40 vision, or proof of corrected to 20/40 vision.
Concealed Carry (CCW) permits in South Carolina are issued by the local Sheriff’s office or Chiefs of Police, whichever jurisdiction you reside in.
US Precision Defense is the utmost internet resource for all things relating to concealed and open carry in the country.
Al Cannon, the sheriff of Charleston County, South Carolina declared that he’ll disregard proposed gun restrictions that he considers unconstitutional. This referring to the proposed gun control laws being attempted by liberals in the U.S. congress. The Sheriff went on to say: “As a law enforcement officer, and we have an obligation, although it rarely comes into play, but we have an obligation to … enforce lawful laws, if you will. Constitutional laws. It’s very similar to the responsibility that a military member has on the one hand, obey orders but he’s obligated not to follow unlawful orders. And it’s left up to the individual to make that decision,” We at US Precision Defense applaud the Sheriff for his willingness to stand up for what he knows to be the right, just, and lawful thing to do…
In 2013 In an already strong pro-gun state, it can’t be easy to come up with ideas for making it more pro-gun, yet legislators have risen to the challenge: They have introduced multiple pro-gun bills.
The following is just a partial sampling that was issued by the South Carolina Sheriff’s association, it is one of the best statement of its kind; In response to the many inquiries regarding the recent tragic events in Connecticut and California, and the ensuing public dialogue concerning “gun control” or “restrictions“, the forty-six elected sheriffs of South Carolina, who are the acknowledged public safety authority within their respective counties, will comply faithfully to their Oath of Office to, “preserve and protect and defend the Constitution of this State and of the United States.” US Precision Defense agrees with the statement and strongly suggests that all residents of South Carolina go to the associations website and read the statement in its entirety.
There are currently four and soon to be five (5) firearms manufacturers in South Carolina; PTR industries (moving into the state) Citizins Firearms, Fn Manufacturing LLC, Jarrett Rifles Inc, and Winslow Arms Co Inc.
South Carolina is considered one of the top pro-gun and second amendment rights states in the country. US Precision Defense has a large free access database of firearms instructors, shooting ranges, and gun smiths along with a members only section and an on-line store of shooting accessories.