How Do I Select a Gun Trust And Firearms Attorney In South Dakota ?
Before choosing a gun trust or firearms attorney in South Dakota, 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 Dakota, 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 Dakota For Firearms That Are Subject To The National Firearms Act
Gun owners in South Dakota 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 Dakota 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 Dakota ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in South Dakota. 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 Dakota 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 Dakota
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in South Dakota. 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 Dakota 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 Dakota. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in South Dakota 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 Dakota 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 Dakota 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 VI, Section 24 of the South Dakota State Constitutional Provision States: “The right of the citizens to bear arms in defense of themselves and the state shall not be denied.”
March 2013; South Dakota became the first state in the nation to enact a law explicitly authorizing school employees to carry guns on the job, under a measure signed into law by Governor Dennis Daugaard. Experts and supporters said the new law will help protect children and school staff in the state from potential mass-murderers. Gun rights activists, meanwhile, hope the measure signals a trend toward reasonable laws, as opposed to the wild assaults on the Second Amendment being sought by Obama and his allies.
South Dakota is also the only state we know of where it’s possible to buy a shotgun and shotgun shells in the airport right outside the metal detectors!
South Dakota is a "shall issue" state for concealed carry. The local county sheriff shall issue a permit to carry a concealed pistol to qualified applicants. A temporary permit shall be issued within five days of the application. Concealed carry is not permitted at an elementary or secondary school, in a courthouse, or in any establishment that derives over half of its income from the sale of alcoholic beverages. For non-residents, South Dakota recognizes valid concealed carry permits from any other state. South Dakota is known as a pro-gun state and strong supporter of the second amendment.
The bearer of a concealed pistol permit may carry a concealed pistol anywhere in South Dakota except where prohibited by law. Open carry is legal in South Dakota and does not require a concealed pistol permit. Firearms may be transported in vehicles if they are clearly visible.
US Precision Defense maintains a complete listing of all handgun related laws and both Concealed and Open Carry laws for every state along with a reciprocity map. We also have a women’s only section, a members only section and a free directory of firearms instructors, shooting ranges, and gun smith from around the country. We have our own on-line store, and open forum and blog page.
Open carry in South Dakota; one could argue that it is not possible to be a true supporter of the second amendment without supporting open carry because open carry is the right protected by the amendment. Open carry of a holstered handgun is a lawful activity in South Dakota, with certain exceptions.
The South Dakota Legislature convened its 2013 session by advocating for the rights of law-abiding gun owners and introduced several pro-gun bills that are now up for discussion and hopefully for vote soon.
Currently, there are five (5) listed firearms manufacturers in the state of South Dakota, the list includes: H-S Precision Inc, Kenneth R Johnson (K&P Gun Company), Miller Arms Inc, Pumpkin Kutter CO (Wideview Scope Mount), and Remington Arms Company LLC.
South Dakota became the first state in the country to authorize teachers to carry handguns in the classroom. South Dakota already had some of the most lax gun laws in the country. Back in 2009, the state passed a law repealing the waiting period to purchase handguns, meaning there is now no mandatory waiting period, none at all to purchase a handgun.
The "school sentinels" law signed by South Dakota Governor Dennis Daugaard, a Republican, allows the state's 152 school districts to decide whether they want to arm teachers, other employees, hired security guards or volunteers. School boards must get approval for their program from local law enforcement officials, and sentinels would have to pass a training program to carry weapons (handguns) in the schools.
The South Dakota Legislature recently passed SB 89 which declares “exempt from federal regulation any firearm, firearm accessory, or ammunition manufactured and retained in South Dakota.” Now, a little more than a week later, South Dakota Governor Mike Rounds has signed the bill into law. The bill is the latest of many crafted in states across the country in the last year which re-assert the Tenth Amendment rights of the states which have been carelessly trampled by the federal government for decades.
US Precision Defense has an on-line store, reciprocity maps, A members only section with how to reports, and videos, legal assistance, counseling assistance, free public forums, free blogs, and a directory of firearm instructors, shooting ranges and gun smiths.