How Do I Select a Gun Trust And Firearms Attorney In Massachusetts ?
Before choosing a gun trust or firearms attorney in Massachusetts, 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 Massachusetts, 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 Massachusetts For Firearms That Are Subject To The National Firearms Act
Gun owners in Massachusetts 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 Massachusetts 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 Massachusetts ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in Massachusetts. 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 Massachusetts 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 Massachusetts
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in Massachusetts. 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 Massachusetts 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 Massachusetts. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in Massachusetts 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 Massachusetts Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in Massachusetts 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 Massachusetts State Constitution states: “The people have a right to keep and bear arms for the common defense. And as, in time of peace, armies are dangerous to liberty, they ought not to be maintained without the consent of the legislature, and the military power shall always be held in an exact subordination to the civil authority, and be governed by it.”
Massachusetts Law requires firearm owners to be licensed through their local Police Department or the Massachusetts State Police if no local licensing authority is available. A license is required by state law for buying firearms and ammunition. An applicant must have passed a State approved firearm safety course before applying for a license.
IN 1998, Massachusetts passed what was hailed as the toughest gun-control legislation in the country. Among other stringencies, it banned semiautomatic “assault” weapons, imposed strict new licensing rules, prohibited anyone convicted of a violent crime or drug trafficking from ever carrying or owning a gun, and enacted severe penalties for storing guns unlocked. “Today, Massachusetts leads the way in cracking down on gun violence,” said Republican Governor Paul Cellucci as he signed the bill into law. “The new gun law,” he predicted, “will certainly prevent future gun violence and countless grief.” IT DID NOT HAPPEN: “There were nearly 1.5 million active gun licenses in Massachusetts in 1998,” the AP reported. “In June of 2002, that number was down to just 200,000.” Since 1998, gun crime in Massachusetts has gotten worse, not better. In 2011, Massachusetts recorded 122 murders committed with firearms, the Globe reported this month — “a striking increase from the 65 in 1998.” Other crimes rose too. Between 1998 and 2011, robbery with firearms climbed 20.7 percent. Aggravated assaults jumped 26.7 percent.
When citizens cannot defend themselves from crime and evil because the STATE has disarmed them, this is always the end result, crime rates rise. Gun Control simply does not work! The anti-gun groups in Massachusetts will never admit they were wrong, instead they have publicly blamed the surrounding states for not having the same laws as Massachusetts, “it’s their fault because guns have no borders they have argued.”
It is amazing how supposedly educated individuals can be so narrow minded and completely oblivious to the facts that are clearly placed before them, the truth is evident to everyone EXCEPT to those with self-imposed blinders, when the facts are counter to their personal misguided agendas they simply ignore them.
To learn the real facts on gun control and gun rights, the truth, visit the home page of US Precision Defense.
Massachusetts has a national reputation as a bastion of gun control, but crimes and injuries related to firearms have risen, sometimes dramatically, since the state passed a comprehensive package of gun laws in 1998. Murders committed with firearms have increased significantly, aggravated assaults and robberies involving guns have risen, and gunshot injuries are up, according to FBI and state data.
To gun-rights groups like the National Rifle Association, these statistics are evidence that gun control does not work. But to gun-control advocates, the numbers show that no state, no matter how tough the laws, is protected from firearms violence when guns are brought in from other states.
Really, so now it’s the others states that are the issue, the anti-gun groups in Massachusetts are now blaming their surrounding states as the problem and will not admit that gun control does not work. Interestingly in the states that are pro-gun and strong supporters of the 2nd amendment do not see the need to point fingers at their surrounding states, wonder why that is? To quote truth, logic, facts, and statistics to narrow minded career politicians that are unwavering in their anti-gun agenda is pointless, its not about truth, never has been, its about their political life….its about exercising their will over the will of the people, its about power.
Massachusetts is a “may-issue” state; officials are not required to issue concealed carry permits to qualified applicants. Applicants must show justification for being allowed to carry concealed weapons, such as personal threats, being in a high-risk profession, or routinely carrying large sums of money.
Laws disarming people who have proven themselves to be a particular threat to public safety and laws that aim to disarm the public at large are precisely what turned a political argument into the American Revolution!
Massachusetts gun laws are among the most severe in the nation, requiring permission from local law enforcement officials before the purchase of any firearm; allowing local law enforcement agencies to set conditions on the possession or use of that firearm, the gun must be stored unloaded and may not be used for self-defense; and demanding all guns be registered. Massachusetts has in all reality completely disarmed its citizens and left them helpless in the face of criminals.
US Precision Defense is your ally in the fight for your gun rights and the 2nd amendment.