How Do I Select a Gun Trust And Firearms Attorney In Virginia ?
Before choosing a gun trust or firearms attorney in Virginia, 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 Virginia, 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 Virginia For Firearms That Are Subject To The National Firearms Act
Gun owners in Virginia 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 Virginia 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 Virginia ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in Virginia. 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 Virginia 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 Virginia
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in Virginia. 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 Virginia 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 Virginia. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in Virginia 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 Virginia Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in Virginia 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 13 of the Virginia State Constitutional Provision States: “That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power.”
Virginia law does not require an individual to notify an officer that they have a Concealed Carry permit. However, Section 18.2-308.01, of the Code of Virginia, requires that to be in possession of the permit whenever one is carrying a concealed handgun and to display the permit and a government-issued photo-identification upon demand by a law-enforcement officer.
Open carry is permitted with the exception of "assault weapons" and shotguns with a 7+ round magazine in the cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, and Virginia Beach and in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William. These restrictions do not apply to valid concealed carry permit holders. For open carry in a vehicle, the firearm must be clearly visible.
Virginia has a “shall-issue” permitting system for residents who want to carry concealed firearms in public. This means that law enforcement officials must issue a permit to any resident who meets a basic set of requirements. The permit is good for five years, after which time it must be renewed.
Virginia law allows anyone who is 18 years old, and who may legally own a firearm to carry it openly. Virginians who are 21 or older and who qualify may obtain permits to carry a concealed weapon.
In Virginia, firearms can be carried openly on campus, with or without a permit, but an institution can prohibit open carrying in its buildings and dormitories.
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Virginia Resident Concealed Handgun Permits are issued by the circuit court of the county or city in which the applicant resides. In Virginia, as in many states, carrying a concealed weapon requires a permit, yet no permit is required to simply carry a gun in the open, a right reinforced by a state law that took effect July 1 2013. Be careful though, it is not so in the District and Maryland, unless you're a police or federal officer.
In general, one may openly carry a sidearm in plain sight in Virginia. The restrictions to openly carrying are divided into two broad categories, locations where one may not carry and persons who are not permitted to possess and/or transport a firearm.
Locations where firearms may not be carried include: Federal facilities, Federal agency lands, National Forests except where hunting is permitted, General Assembly buildings, Hog Island Wildlife Management Area, Virginia Commonwealth University, George Mason University, Courthouses, Detention Facilities, K-12 school grounds, K-12 school buses, Property used exclusively for K-12 school sponsored functions, Air carrier airport terminals, Places of worship while a meeting for religious purposes is being held without good and sufficient reason.
The Second Amendment unequivocally protects the right of individuals to keep and bear arms, both for their own self-protection and for defense against the tyranny of an autocratic central government.
In Virginia there are at least six (6) firearms or firearm related companies in the state and they include: Accuracy International Of North America, F M F Atlantic Engineering Corp, Hawk Hill Custom, K&H Arms, Kriss Arms, and Richard's Custom Rifles.
Gun-related violent crime in Virginia has dropped steadily over the past six years as the sale of firearms has soared to a new record, according to an analysis of state crime data with state records of gun sales.
The total number of firearms purchased in Virginia increased 73 percent from 2006 to 2011. When state population increases are factored in, gun purchases per 100,000 Virginians rose 63 percent. But the total number of gun-related violent crimes fell 24 percent over that period, and when adjusted for population, gun-related offenses dropped more than 27 percent, from 79 crimes per 100,000 in 2006 to 57 crimes in 2011.