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How Do I Select a Gun Trust And Firearms Attorney In Tennessee ?
Before choosing a gun trust or firearms attorney in Tennessee, 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 Tennessee, 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 Tennessee For Firearms That Are Subject To The National Firearms Act
Gun owners in Tennessee 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 Tennessee 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 Tennessee ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in Tennessee. 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 Tennessee 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 Tennessee
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in Tennessee. 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 Tennessee 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 Tennessee. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in Tennessee 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 Tennessee Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in Tennessee 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 26 of The Tennessee State Constitutional Provision States: “That the citizens of this State have a right to keep and to bear arms for their common defense; but the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime.”
A license is required to carry a loaded handgun either openly or concealed. Such permits are issued through the Department of Safety to qualified residents 21 years or older for a 4 year term. Tennessee recognizes any valid, out-of-state permit for carrying a handgun as long as the permittee is not a resident of Tennessee.
Tennessee is not a traditional open carry state. However, Tennessee is a shall-issue state that issues a carry permit that allows both open and concealed carry.
February 2013; The year's most watched piece of gun legislation in Tennessee appears to be on the fast track to the floor of the state House of Representatives, even though both sides say serious questions remain about it. A bill that would give nearly 400,000 gun owners in Tennessee the right to carry their weapons in their vehicles anywhere they want including school and workplace parking lots could be passed soon.
April 25, 2013, Governor Bill Haslam signed a law that closed the public’s access to all information contained in any application for a handgun carry permit in Tennessee. Those records are now “confidential, not open or available for public inspection and shall not be released in any manner.”
If you are a Tennessee resident and want to carry a loaded handgun on your person or in your vehicle, you must obtain a Tennessee Handgun Carry Permit. In Shelby county alone, there are approximately 25,000 residents who are licensed to carry a handgun. It is relatively easy to obtain the license, provided you meet certain requirements and receive proper safety training. Expect to spend some money. Handgun safety courses can often cost around $100, as does the permit application fee. In addition, the cost of a weapon and ammunition can be substantial.
US Precision Defense has a free directory of Firearms instructors in Tennessee and other states located on our home page.
2013; Tennessee is one of four states, along with Arizona, Georgia and Virginia, that recently enacted laws explicitly allowing loaded guns in bars. (Eighteen other states allow weapons in restaurants that serve alcohol.) The new measures in Tennessee and the three other states come after two landmark Supreme Court rulings that citizens have an individual right, not just in connection with a well-regulated militia, to keep a loaded handgun for home defense.
Experts say these laws represent the latest wave in the country’s gun debate, as the gun lobby seeks, state by state, to expand the realm of guns in everyday life.
Tennessee has a self-defense law based on the castle doctrine. Enacted in 2007, the law does not require a duty to retreat. It extends the right for persons to defend themselves from attacks by using physical or deadly force in any place they have a legal right to be. The law provides civil immunity for persons using physical or deadly force to protect themselves from an attacker.
While open carry is prohibited for anyone who doesn’t have a carry permit, having a permit enables persons to transport long guns, rifles or shotguns in their vehicles. The firearms can be loaded, but cannot have a shell in the chamber.
A statement from the Tennessee Sheriff’s Association: “The Sheriffs of Tennessee are strong supporters of the 2nd Amendment rights of their citizens and have taken an oath to uphold the Constitution of the State of Tennessee, the Constitution of the United States of America, and the laws and ordinances of their counties and will fulfill that oath. The Tennessee Sheriffs’ Association and the Tennessee Firearms Association co-authored the Tennessee Handgun Permit Law in May of 1994.”
2013, There are currently several firearms manufacturers in Tennessee including world renowned Barrett Firearms USA, Inc most noticeable for their .50 Cal rifles. There is also Carrier Rifle Company, Homeland Defense and Police Supply Corp, Patriot Defense Arms, Predator Custom Shop, Garrett Asher Arms, Horn Lake Arms, Coyote Creek Firearms, C & C Arms, LLC, and Spencer Rifle CO Inc.
US Precision Defense maintains a free directory of Firearms instructors, Gun smiths, Shooting Ranges, and Gun Manufacturers.