How Do I Select a Gun Trust And Firearms Attorney In Utah ?
Before choosing a gun trust or firearms attorney in Utah, 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 Utah, 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 Utah For Firearms That Are Subject To The National Firearms Act
Gun owners in Utah 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 Utah 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 Utah ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in Utah. 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 Utah 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 Utah
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in Utah. 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 Utah 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 Utah. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in Utah 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 Utah Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in Utah 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
Utah, state constitution states: The individual right of the people to keep and bear arms for security and defense of self, family, others, property, or the State as well as for other lawful purposes shall not be infringed; but nothing herein shall prevent the legislature from defining the lawful use of arms.
Utah is known for having the least number of gun control laws and some of the more permissive of any state is the United States. Utah is also known for being a strong supports of the 2nd amendment. A 2013 study that found a positive correlation between gun control legislation and a decline in firearm fatalities ranked Utah the single lowest among all 50 states in the category of gun control laws and legislation. Under Utah law, violent crimes with firearms, criminal possession of firearms, and criminal negligence with firearms may all be prosecuted as felonies. Utah has a very responsible and just approach to crimes involving gun use.
School districts and charter schools in Utah may have one very important difference outside of academic standards and student performance, Utah has always allowed guns in the classroom! State laws bar public elementary, middle and high schools from establishing “gun free” zones. (Think you would ever see this in California or New York?)
The “gun free” zones rules would otherwise keep teachers and administrators with valid concealed weapons permits from bringing their firearms into the classroom. In Utah, every educator and public school employee can carry on school grounds, if they have a permit (A state issued CCW) enabling them to do so. In the last two years many educators have taken CCW classes and are in fact carrying firearms in their classrooms. (Living in Utah and having kids in the school system makes me feel that my kids are in a safer environment as every teacher can protect my kids from a crazed and evil individual)
There are those in Utah that want the state to be a “Constitutional Carry” state, in that as long as you are a resident of the state you can carry without the need for formal training, and with no permit. Although we at US Precision Defense are staunch supports of the 2nd amendment we feel that if the state does adopt such a position that proper firearms training classes be considered and that the curriculum includes time committed to learning all aspects of gun ownership, gun marksmanship, gun safety, and all gun related laws. We support responsible and educated gun ownership.
Utah, does have gun control laws contrary to what some of its residents believe. The following are four things anyone living in Utah needs to know in regards the current gun laws.
First, Utah is an “Open Carry” state allows for citizens of the state to openly carry an unloaded firearm without a concealed firearm permit. To be classified as "unloaded," the firearm must not have a round in the "firing position" and the firearm must have at least two "mechanical actions" before firing. The firearm cannot be concealed, but must be clearly visible at all times. In some jurisdictions within the state individuals doing so have been arrested and charged with “Disorderly Conduct” There is legislation being drafted to clarify the law and prevent overzealous prosecutors from charging disorderly conduct to citizens who are compliant with the current law.
Second, Carrying a concealed firearm on one’s person requires a state issued CCW permit (Utah recognizes all other states CCW permits under the reciprocity agreements) Utah also has designated areas where a concealed gun cannot be carried and especially areas designated as “Secure Areas”.
Third, Carrying in a vehicle; Utah law allows for residents to carry a loaded weapon in a vehicle if they are at least 18 years old and have lawful possession or consent of the person who has lawful possession of the vehicle. However, the weapon cannot be a rifle, shotgun or a muzzle-loading rifle. Meaning only a handgun.
Fourth, Minors carrying a gun, State law requires that an individual be at least 21 years old before they can apply for a concealed weapon permit. A minor under the age of 18 cannot legally possess a firearm unless accompanied by a parent or guardian or has permission to have the weapon. A minor under the age of 14 must be accompanied by a parent.
The preceding is only a partial listing of the laws and needs to researched in full to understand the complete intent of Utah firearm laws. A complete listing of the Utah gun laws can be found on our website, US Precision Defense, LLC