How Do I Select a Gun Trust And Firearms Attorney In Maryland ?
Before choosing a gun trust or firearms attorney in Maryland, 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 Maryland, 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 Maryland For Firearms That Are Subject To The National Firearms Act
Gun owners in Maryland 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 Maryland 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 Maryland ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in Maryland. 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 Maryland 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 Maryland
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in Maryland. 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 Maryland 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 Maryland. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in Maryland 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 Maryland Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in Maryland 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 Constitution of Maryland contains no provision protecting the right to keep and bear arms. The State preempts some local firearm regulations, though local governments may regulate firearms with respect to minors and areas of public assembly. Annapolis, Anne Arundel County, Montgomery County, Gaithersburg, and Baltimore are known to have local firearm regulations. The Maryland State Police maintain a registry of "regulated firearms" that are allowed to be sold within the state. Dealers must forward the manufacturer-included shell casing in its sealed container to the Department of State Police Crime Laboratory upon sale, rental, or transfer of a "regulated firearm" for inclusion in their ballistics database, known as the Integrated Ballistics Identification System.
In March of 2013 A federal appeals court has upheld Maryland's handgun permitting law, reversing a lower court decision by concluding that the state can constitutionally require an applicant to show “good and substantial reason” that he or she needs a concealed-carry license. Fourth Circuit Judge Robert King, writing for the three-judge panel, said the state had shown that the requirement “is reasonably adapted” to its “significant interests in protecting public safety and preventing crime.”
Maryland citizens had their Second Amendments rights infringed on Thursday when Gov. Martin O’Malley signed more gun control into law. Governor O’Malley became the third liberal governor this year, after New York and Connecticut to ram through pointless laws that will do nothing to reduce crime by exploiting the Newtown tragedy. However, Governor O’Malley’s scheme was secretly watered down a little before it became law. The governor was fixated on banning “assault weapons,” even though only two people were murdered by rifles of any type in Maryland in 2011. However, governor O’Malley’s “assault weapons” is less stringent than the ones passed in other states or Sen. Dianne Feinstein’s version which failed in the U.S. Senate.
Maryland is considered by many to be one of the most anti-gun rights states in the country, with little or no regard to the second amendment. With the state being run by the likes of Governor Martin O’Malley who is clearly a crony of Obama the number of even stricter gun laws are expected to continue to flow until someone in the state takes a stand and changes the political climate in the State’s legislature. US Precision Defense has all the gun laws of Maryland listed on our Reciprocity maps.
Maryland has become the first state in nearly 20 years to require potential handgun buyers to submit fingerprints to state police. Only five other states have a similar requirement: Connecticut, Hawaii, Massachusetts, New York and New Jersey. All states that are known to be very anti-gun and anti-2nd amendment rights.
Critics noted that Maryland already has strong laws, including universal background checks and a seven-day waiting period to buy a gun. The state doesn't even have a loophole allowing for private sales at gun shows without the same background check that licensed dealers are required to obtain, said Sen. Allan Kittleman, R-Howard. "We have those protections, and what we're doing here is basically saying to folks who are concerned about their Second Amendment rights is, you know, “We don't care,"'.
Here is an example of the elected officials in Maryland and their complete disregard for the 2nd amendment; During a public hearing in Annapolis about new sweeping gun control proposals in Maryland, State Senator Jamie Raskin decided to ignore testimony by pro-Second Amendment attendees and play chess instead. "Pathetic. I'd get fired from my job if I was playing a game in a meeting," one person wrote on a Facebook page. "I would expect nothing less from a representative of Montgomery County. He and the majority of the voters in his county are the reason this state is circling the bowl," another wrote. "The rabidly anti-gun Sen. Jamie Raskin decided that he would rather play computer chess than listen to those testifying against his views and bill.
The only way that things will ever change in Maryland is if the pro-2nd amendment citizens of the state of Maryland become more active and more vocal that those of the anti-gun groups, and do date no has taken up the cause, you can make a change, and start at the ballot box. Join with us at US Precision Defense and network with political pro-gun groups from all across the country.