How Do I Select a Gun Trust And Firearms Attorney In Kansas ?
Before choosing a gun trust or firearms attorney in Kansas, 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 Kansas, 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 Kansas For Firearms That Are Subject To The National Firearms Act
Gun owners in Kansas 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 Kansas 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 Kansas ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in Kansas. 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 Kansas 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 Kansas
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in Kansas. 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 Kansas 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 Kansas. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in Kansas 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 Kansas Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in Kansas 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 State Constitution of Kansas states: “The people have the right to bear arms for their defense and: security; but standing armies in time of peace, are dangerous to liberty, and shall not be tolerated, and the military shall be in strict subordination to the civil power.”
Despite having relatively nonrestrictive firearms laws, Kansas remained one of the few states with no provision for the concealed carry of firearms until March 2006, when the state legislature passed Senate Bill 418, "The Personal and Family Protection Act." This bill made Kansas the 47th state to permit concealed carry in some form and the 36th state with a "shall issue" policy.
Under the law, the Attorney General began granting permits to qualified applicants on January 1, 2007. Previously, Kansas had allowed only open carry of firearms, except where prohibited by local ordinance.
Tensions are flaring between U.S. Attorney General Eric Holder and Kansas over a new state law shielding guns made in the state from federal regulation. Holder recently wrote to Republican Gov. Sam Brownback, saying the new law conflicts with the U.S. Constitution by potentially putting federal authorities in a legal bind.
“Federal officers … cannot be forced to choose between the risk of a criminal prosecution by a state and the continued performance of their duties,” Holder wrote in a letter dated April 26, 2013.
Holder threatened legal action against the state, saying the federal government would do what’s necessary to prevent Kansas from interfering with agents enforcing federal law. The state is already bracing for litigation. State Attorney General Derek Schmidt has asked the Legislature for $225,000 for the next two years to defend the law. Go Kansas! A state that is willing to not only stand up for its citizen’s rights but is also willing to fight for it in the courts.
Call it a public notice, a warning sign or a mark of shame: from here on out, Kansans will know for sure when they enter a public building that has sidestepped the state’s latest firearm law.
One of the most hotly-debated pieces of legislation to come out of the 2013 legislative session, HB 2052 permits the concealed carry of handguns in public buildings – provided your local government hasn’t opted out, that is. Since Gov. Sam Brownback signed the bill into law earlier this year, government entities across the state have been wrestling with the matter, and whether to pursue a six-month exemption before the bill goes into effect July 1, 2013.
Our home page is full of information for those that support gun and 2nd amendment rights. US Precision Defense.
Call it a public notice, a warning sign: from here on out, Kansans will know for sure when they enter a public building that has sidestepped the state’s latest firearm law. One of the most hotly-debated pieces of legislation to come out of the 2013 legislative session, HB 2052 permits the concealed carry of handguns in public buildings, provided the local government hasn’t opted out, that is.
Since Governor Sam Brownback signed the bill into law earlier this year, government entities across the state have been wrestling with the matter, and whether to pursue a six-month exemption before the bill goes into effect July 1, 2013.
House Bill 2162, will take effect on July 1, 2013, and is seen by gun rights advocates as a way to further secure the Second Amendment rights of responsible gun owners in the Sunflower State. Upon signing the bill, the governor released this statement,
I signed the bill because Kansans do not support spending taxpayer dollars on legislation limiting gun rights; Kansas is a strong pro-Second Amendment state.” In addition to banning the use of taxpayer dollars to hire lobbyists for gun control, local governments cannot create “publicity or propaganda” materials, such as “any kit, pamphlet, booklet, publication, electronic communication, radio, television or video presentation” related to gun control.
Imagine the scenario in Kansas: A federal agent attempts to arrest someone for illegally selling a machine gun. Instead, the federal agent is arrested and charged in a state court with the crime of enforcing federal gun laws. Farfetched? Not as much as you might think. An Associated Press analysis found that about four-fifths of the states now have enacted local laws that directly reject or ignore federal laws on gun control.
The recent trend began in Democratic leaning California with a 1996 medical marijuana law and has proliferated lately in Republican strongholds like Kansas, where Gov. Sam Brownback this spring became the first to sign a measure threatening felony charges against federal agents who enforce certain firearms laws in his state.
US Precision Defense is committed to supporting the 2nd amendment and gun rights, visit our political feed on our home page.