How Do I Select a Gun Trust And Firearms Attorney In Vermont ?
Before choosing a gun trust or firearms attorney in Vermont, 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 Vermont, 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 Vermont For Firearms That Are Subject To The National Firearms Act
Gun owners in Vermont 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 Vermont 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 Vermont ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in Vermont. 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 Vermont 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 Vermont
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in Vermont. 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 Vermont 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 Vermont. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in Vermont 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 Vermont Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in Vermont 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
The Vermont state constitution states: “That the people have a right to bear arms for the defense of themselves and the State as standing armies in time of peace are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to and governed by the civil power.”
The Vermont state constitution dates back before the US Constitution and the bill of rights.
The term "Vermont Carry" is widely used by gun rights advocates to refer to allowing citizens to carry a firearm concealed or openly without any kind of permit requirement, however this term is being replaced by the more generic or politically correct term of "Constitutional Carry". Vermont law does not distinguish between residents and non-residents of the state; both have the same right to carry while in Vermont.
The “Unrestricted & No Issue” classification means that the state of Vermont does not require or even issue Concealed Carry permits (CCW) to its residents for concealed carry in the state.
While this means any Vermont resident can carry concealed inside the state’s boundaries without a permit, it also means a Vermont resident cannot carry concealed in other states that allow non-resident concealed carry since they do not possess a physical concealed carry permit. A way to avoid this situation is to obtain a concealed carry permit from a state that grants permits to non-residents and use that permit for out-of-state concealed carry. Florida and Utah are popular options for this method due to the ease of approval and these states have reciprocal agreements with a large amount of states.
Vermont is one of only three states in America that allows anyone to carry concealed weapons without a permit. The other two states are Alaska and Arizona. Additionally, Vermont is one of few states in the nation that allow citizens younger than the age of 21 to carry. In Vermont, anyone age 16 or older can carry handguns openly or concealed. For youths under the age of 16, parental consent is needed before a handgun can be carried.
Currently Vermont recognizes the CCW permits of 47 other states. US Precision Defense maintains a database of all U.S. handgun laws of all 50 states including all reciprocity agreements, and is available to the public. Gun Laws can be found on our Home page, Reciprocity maps.
Vermont already boasts a high rate of gun ownership along with the least restrictive laws of any state in the county. Vermont is currently only one of three states that allow a citizen to carry a concealed firearm without a permit. This combination of plenty of guns and few laws regulating them has resulted in a crime rate that is the THIRD lowest in the nation!
Recently Florida who now has over 1 million CCW permits issued released their newest crime statistics, they had a 26% drop in violent crimes. This punches some holes in Bloomberg’s theories and those of the current Obama administration. These facts drive gun control zealots crazy. The proof is in the math.
The right to hunt is enshrined in the Vermont Constitution; the state is often considered the most liberal in the country yet surprisingly has no state gun control laws. A 2001 study found that 42 percent of Vermont homes had firearms, above the national average of 31.7 percent. Yet the state’s rate of homicide by firearms is so low the numbers don’t register in statistics kept by the U.S. Centers for Disease Control and Prevention.
The nationwide cry for gun control by the liberal media in the wake of recent mass shootings and in the course of the failed effort to pass tougher gun laws in Congress has been heard in Vermont. But it hasn’t taken hold, and for good reason. Vermont is proof that guns have a positive social value. In a quote by the Governor; “The fact is Vermonters don’t own weapons to kill and maim other human beings. They own weapons to manage our natural resources and to carry on hunting traditions that are the glue to our family units and the glue to our communities.”
In Vermont the following statement was posed to the public; “Outside of criminology circles, relatively few people can reasonably estimate how often people use guns to fend off criminal attacks. If policymakers are truly interested in harm reduction, they should pause to consider how many crimes, murders, rapes, assaults, robberies— are thwarted each year by ordinary persons with guns. The estimates of defensive gun use range between the tens of thousands to as high as two million each year.”
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