How Do I Select a Gun Trust And Firearms Attorney In Wyoming ?
Before choosing a gun trust or firearms attorney in Wyoming, 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 Wyoming, 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 Wyoming For Firearms That Are Subject To The National Firearms Act
Gun owners in Wyoming 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 Wyoming 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 Wyoming ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in Wyoming. 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 Wyoming 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 Wyoming
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in Wyoming. 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 Wyoming 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 Wyoming. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in Wyoming 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 Wyoming Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in Wyoming 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 Wyoming state constitution states: “The right of the citizens to bear arms in defense of themselves and the state shall not be denied.”
According to the Office of the Attorney General of Wyoming, Wyoming state law provides for the issuance of concealed carry firearm permits, (CCW) As a "shall issue" state, the local sheriff's office is required to issue a permit upon request, unless there is a valid reason to deny (such as violent felony conviction). A Wyoming permit is valid for 5 years.
Wyoming also recognizes concealed firearms permits from states with similar licensing requirements (subject to frequent review and revision), which currently includes: Alabama, Alaska, Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Maine, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, and West Virginia.
Wyoming is not in agreement the current administration; The Wyoming House of Representatives passed two bills in 2013 geared toward protecting or expanding gun rights in the state, including one aimed at nullifying some of the new federal gun restrictions proposed by the Obama administration.
Wyoming has a self-defense law based on the castle doctrine, and is a “Stand Your Ground” state. However, the stand your ground provision only applies when persons are within their own home. The law does not excuse crime victims from a duty to retreat outside the home. Under Wyoming’s law, deadly force is justified when a person has a reasonable fear of death or serious bodily injury due to the actions of an intruder. The law provides criminal and civil immunity to persons who use deadly force under those very strict circumstances.
Wyoming In 2013 members of the Wyoming state House gave initial approval to a bill that would nullify any gun laws passed by the U.S. Congress pertaining to extended magazines or semi-automatic weapons. The move the Wyoming legislature believes is not only unconstitutional, but it is thus far unnecessary: Congress has yet to pass any new gun laws for Wyoming to attempt to nullify, a very interesting state of affairs, To keep track of the political landscape and interaction between Wyoming and the US Congress become a member of US Precision Defense.
~regin~ Dating back to 2011 Wyoming has allowed its residents to carry concealed weapons without permits. The law was at the time strongly supported by gun rights advocates, and still is to this day. When the law was passed Wyoming joined Alaska, Arizona and Vermont in allowing its citizens to carry concealed handguns without undergoing background checks or firearms training.
Wyoming became the fourth state to affirm the right of its citizens to carry a concealed firearm without a special government-issued license. Wyoming’s CCW laws states that Wyoming “Shall Issue to Residents Only” which means that the issuing official SHALL issue a permit to a Wyoming resident if they meet all of the legal requirements. Non-Wyoming residents are not eligible for the Wyoming Concealed Weapon License. Although no CCW permit is required to carry concealed, the state still issues CCW’s for the purpose of reciprocity with other states.
Wyoming has the highest ratio per capita of gun ownership in the country, and as such has over recent years become the focal point of politicians all over the country, especially anti-gun liberals who have been known on several occasions to use gun data from Wyoming to twist the facts and distort the truth. Luckily, the residents of Wyoming have not been swayed from their support of the 2nd amendment.
In response to current threats from the Federal Government on banning firearms, firearms accessories and ammunition, States are beginning to take action to hold the Federal Government to its constitutional limits under the 2nd Amendment and Wyoming is at the forefront of this fight.
Wyoming Rep. Kendell Kroeker stated; “We need the second amendment because it is the protection for all of our other rights. Without it, those rights have no protection,”
Will the great state of Wyoming stomp the Feds and any donkey or elephant that infringes on the great Second Amendment? The answer is a resounding YES! This past year and in recent month the Wyoming legislature has sent a very loud and clear message to Washington, do not infringe on our second amendment rights, we will push back, and it is your responsibility to up hold the constitution, if you wont we will. Follow this and all gun rights issues on US Precision Defense.