How Do I Select a Gun Trust And Firearms Attorney In Louisiana ?
Before choosing a gun trust or firearms attorney in Louisiana, 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 Louisiana, 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 Louisiana For Firearms That Are Subject To The National Firearms Act
Gun owners in Louisiana 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 Louisiana 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 Louisiana ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in Louisiana. 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 Louisiana 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 Louisiana
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in Louisiana. 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 Louisiana 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 Louisiana. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in Louisiana 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 Louisiana Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in Louisiana 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
Louisiana State Constitution States: “The right of each citizen to keep and bear arms shall not be abridged, but this provision shall not prevent the passage of laws to prohibit the carrying of weapons concealed on the person.”
Louisiana is a "shall issue" state for concealed carry. The Louisiana Department of Public Safety and Corrections shall issue a concealed handgun permit to qualified applicants, after performing an NICS background check and giving the local police 10 days to provide additional information about the applicant. Open carry of firearms in Louisiana is permitted without a permit, as long as the user is of at least 18 years of age and legally able to possess a firearm under state and federal law.
Louisiana's governor signed legislation making it a crime to publish the personal information of concealed handgun permit holders following a wave of outrage by gun owners after a New York newspaper listed such data last year. Louisiana joins a growing number of states that are cutting off access to that information as a national debate rages over gun control.
The measure was one of seven gun bills Republican Governor Bobby Jindal signed into law, including a bill creating a lifetime concealed handgun permit, legislation allowing gun dealers to register people to vote at their gun stores, and bills aimed at restricting access to guns by people with mental health issues.
An attempt to let Louisiana gun makers circumvent federal gun control laws is headed to a final vote in the state Senate after getting unanimous committee approval. House Bill 45 by Rep. Joseph Lopinto would create a licensing program for guns manufactured and sold within the state, possibly taking them out of the jurisdiction of federal authorities. Lopinto, R-Metairie, has argued that because the federal government's authority to impose restrictions on guns stems from its power to regulate interstate commerce, a state-run program regulating guns that don't leave Louisiana would protect manufacturers and sellers from federal laws.
It is an unfortunate state of affairs in our county that states have to take legal action to protect their sovereignty as a state and from intrusive federal laws on interstate commerce, yet states are having to become “Legally Creative” to protect the 2nd amendment, and for that US Precision Defense applauds the state of Louisiana.
As part of the stand of the Louisiana Sheriff’s association on gun rights: WHEREAS, the Louisiana Sheriffs’ Association represents the interests of all sheriffs who are sworn to support and defend the Constitutions of the State of Louisiana and the United States; and WHEREAS, sheriffs strongly support our citizens’ protected right to bear arms under the Second Amendment and the Louisiana Sheriffs’ Association does not support any laws that deprive any citizen of the rights provided under the Louisiana and the United States Constitutions and Bill of Rights; and WHEREAS, the doctrine of judicial review grants to the United States Supreme Court and the lower courts the power to determine the constitutionality of any law and sheriffs do not possess the legal authority to interpret the constitutionality of any law.
Louisianans overwhelmingly voted for Proposition Two, an amendment to their state’s constitution that solidifies the Second Amendment in the state of Louisiana. The new law says that “the right to keep and bear arms is a fundamental right” and would require courts to apply “the highest standard” of law when and if state municipalities enact laws that act in violation of the second amendment.
On Election Day, Louisiana voters overwhelmingly backed a measure to strengthen Second Amendment rights in the state. Nearly 75 percent of voters, more than 1.3 million voted in favor of Act 784, which makes gun ownership a "fundamental right under strict scrutiny of the court." "Strict scrutiny" applies the highest standard of judicial review to any law concerning gun ownership. It typically is applied to human rights, owning a gun in Louisiana is now a "fundamental right."
Gun control proposals put forth by President Barack Obama were met by counter-proposals in Louisiana as a state lawmaker unveiled a statewide campaign to "defend the rights of Louisiana residents to bear arms." The centerpiece of the Defend Louisiana initiative will be multiple pieces of pro-Second Amendment legislation as well as a statewide tour.
"We've done some good things to protect the Second Amendment in Louisiana, but we're not finished yet," State Rep. Jeff Thompson, R-Bossier City, said in a statement. "The solution to gun violence is not found in restricting the rights of law abiding citizens or demonizing self-defense."
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