How Do I Select a Gun Trust And Firearms Attorney In Wisconsin ?
Before choosing a gun trust or firearms attorney in Wisconsin, 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 Wisconsin, 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 Wisconsin For Firearms That Are Subject To The National Firearms Act
Gun owners in Wisconsin 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 Wisconsin 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 Wisconsin ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in Wisconsin. 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 Wisconsin 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 Wisconsin
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in Wisconsin. 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 Wisconsin 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 Wisconsin. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in Wisconsin 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 Wisconsin Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in Wisconsin 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, § 25 of The Wisconsin State Constitutional Provision states:The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.
When Wisconsin adopted concealed carry in November of 2011, thousands of people immediately applied for permits. Since the law took effect, 184,000 Wisconsin residents have applied for and received CCW permits. An applicant must pass a criminal background check. There is minimal training and an applicant is not required to show any shooting proficiency.
In 2013, Concealed carry proponents contend that the widely publicized fears have shown themselves to be unfounded. And they point to what they consider real success stories. One such story occurred in West Allis when ex-Marine Charlie Blackmore a CCW permit holder interrupted a man who was severely beating a woman. Blackmore held the man at gunpoint while simultaneously calling 911. Blakemore followed the protocols. The attacker was arrested, and the victim was spared more serious injury.
The Wisconsin Department Of Justice published permanent rules implementing Wisconsin's concealed carry law on May 31, 2013. They took effect June 1, 2013. The regulations require concealed carry permit applicants to show they've taken a hunter's safety course, been discharged from the military, gotten small-arms military training or gone through an instructor-led firearms training course. The rules limit the size of instructor-led courses to 50 students per teacher.
In general, the Wisconsin Department of Justice must issue a concealed carry license to any resident applicant over 21 years of age who is not prohibited under state or federal law from possessing a firearm. Applicants must submit proof of firearms training and undergo a criminal history background check. Under the law, all weapons, including concealed firearms, are prohibited in certain places.
The type of training that is required in Wisconsin to obtain a CCW; Hunter education program by the Wisconsin Department of Natural Resources or a similar, recognized program in another state; a course conducted by a national or state organization that certifies firearms instructors or by a firearms instructor certified by a national and state organization; a course offered by a law enforcement agency; a course offered by a college or university; or a course offered to law enforcement officers or licensed private detectives and security agencies.
As of November 1, 2011, Wisconsin residents may apply for a concealed carry license through the Wisconsin Department of Justice. The law allows Wisconsin to become the 49th state in the Union to make some provision for the concealed carry of firearms by normal citizens.
Open carry is legal anywhere concealed carry is legal, is legal for all adults (18+) who are not prohibited from possession, and does not require a license unless the citizen is in a taxpayer-owned building or within 1000' from the edge of a school property.
In the past, some jurisdictions have tried to prosecute open-carry by equating the open carry of handguns with disorderly conduct. On April 20, 2009 the Wisconsin Attorney General's office released a memorandum to all law enforcement agencies stating that mere open carry of a firearm was not disorderly conduct, and instructed both law enforcement and the district attorneys to cease the practice.
Open carry is allowed in the state of Wisconsin. Wisconsin Senate Bill 93 eliminated the current prohibition against keeping a loaded, uncased handgun in a vehicle, a change applicable to both licensees and non-licensees alike. This eliminates the requirement that these citizens unload and load and case and or uncase their handgun every time they enter and exit a vehicle. Also, the bill statutorily prohibits the use of disorderly conduct or disturbing the peace statutes as a means of effectively prohibiting the open-carrying of lawfully possessed firearms.
Milwaukee County Sheriff David Clarke Jr. has a message for residents: learn how to use a gun. With budget cutbacks putting a strain on law enforcement, simply calling 911 might not cut it in a life-or-death or situation, Clarke said in a new radio ad. Safety is “no longer a spectator sport,” he says. “I need you in the game.” “With officers laid off and furloughed, simply calling 911 and waiting is no longer your best option,” Clark adds. “You can beg for mercy from a violent criminal, hide under the bed, or you can fight back. But are you prepared?”
To be prepared go to US Precision Defense’s home page to find a firearms instructor in your area. Also, check out our on-line store.