How Do I Select a Gun Trust And Firearms Attorney In Washington ?
Before choosing a gun trust or firearms attorney in Washington, 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 Washington, 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 Washington For Firearms That Are Subject To The National Firearms Act
Gun owners in Washington 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 Washington 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 Washington ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in Washington. 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 Washington 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 Washington
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in Washington. 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 Washington 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 Washington. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in Washington 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 Washington Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in Washington 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 24 of the Washington State Constitutional Provision States: “The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men.”
Concealed weapons licenses issued in 11 states will be recognized in Washington State so long as the handgun is carried in accordance with Washington law. In order for Washington to recognize other states’ concealed weapons permits, Washington state's reciprocity law “RCW 9.41.073” dictates that the other state must: Recognize Washington concealed pistol licenses; Not issue concealed pistol licenses to persons under age 21; AND Require a mandatory fingerprint-based background check for criminal and mental health history.
Washington is an "open carry" state for firearms; a person may carry a firearm in an exposed holster without any kind of permit unless there is something that makes it specifically illegal. Example, carrying a weapon onto primary or secondary school grounds or other prohibited places, or carrying a weapon by most felons or anyone convicted of a domestic violence crime.
Washington does not have a self-defense law based on the castle doctrine. However, statutes long on the books are very similar to the more modern castle laws. For example, deadly force is considered lawful in Washington to prevent serious injury or death to oneself or any other person at the hands of an attacker. Deadly force is also justified to prevent a felony from being committed. Washington State’s Supreme Court has held that citizens do not have a duty to retreat before using force in the face of an attacker.
Washington is one of the more liberal states in the country when it comes to regulating citizens who want to carry a concealed weapon, experts say. The law, often referred to as a "shall issue" law, requires law-enforcement agencies to issue a concealed-weapons permit to all citizens who meet a specific list of requirements.
US Precision Defense operates an on-line store, a public forum, a informative blog, and a public database of firearm instructors, Shooting ranges, and Gun smiths. Go to our “home” page and see all the other products and features we offer to the public and our members.
In Pierce County and throughout the state, people have been grabbing up concealed pistol licenses at unprecedented rates. In January, with Tacoma crowds so heavy at times that some applicants reported four-hour waits, LESA set a record for itself with 1,964 license applications, about twice the usual volume.
The number of concealed pistol licenses has been raising fast even before the latest push for gun control. Statewide, according to the Department of Licensing, the number of license holders went from 239,000 in 2006 to 392,784 at the end of 2012, a 64 percent increase. For perspective, that’s about 1 of every 12 adults in the state.
Washington State follows British legal tradition which entails that anything not proscribed as unlawful is lawful, also known as 'The Rule of Lenity.' This gives citizens of Washington State (as well as some of individuals with temporary living status in Washington State) the right to openly carry their firearm without a concealed weapons permit (CWP). Of course the individual openly carrying must abide by the current Washington State laws such as the open carrier must be an adult of a minimum of 21 years of age and must not have any prior felonies or warrants on their record.
From a sheriff in Washington state: As Sheriff, I took an oath to support and defend the Constitution of the United States and the Constitution and laws of the State of Washington. I will continue to do so. As Sheriff of Wahkiakum County I will not enforce any laws that are held to be unconstitutional. The Supreme Court of the United States has interpreted the Second Amendment of the United States Constitution as protecting the rights of citizens to own and possess firearms.
Washington state currently has multiple firearms manufacture’s or related companies that include: Crossroads Arms, Dave's Guns N Stuff, Dayton Traister Co Inc, Eagle View Research, Gators Custom Guns, Hensley's Firearms, High Mountain Hunting Supply, Mc Cann Industries, Mesa Rifle Works, One Shot Firearms & Acces, Wade's Eastside Guns, West Coast Armory, West Coast Armory Indoor Range, Windom & Company.
US Precision Defense has a members only section along with a section dedicated to women with all aspects of shooting and carrying concealed.