How Do I Select a Gun Trust And Firearms Attorney In Minnesota ?
Before choosing a gun trust or firearms attorney in Minnesota, 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 Minnesota, 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 Minnesota For Firearms That Are Subject To The National Firearms Act
Gun owners in Minnesota 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 Minnesota 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 Minnesota ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in Minnesota. 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 Minnesota 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 Minnesota
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in Minnesota. 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 Minnesota 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 Minnesota. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in Minnesota 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 Minnesota Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in Minnesota 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
Minnesota’s gun control statute was enacted in 1975 in response to the rising tide of Crime in the state. To help allay the fears of gun owners and meet the criticism of opponents, the bill’s supporters stressed the limited nature of the bill. Unlike prior proposals, the law does not contain any provisions for registration of handguns or for confiscation of illegally possessed handguns. Also, the statute deals only with pistols, not with rifles or other long guns. In addressing the issue, the legislature identified the problem as possession of handguns by violence-prone persons and possession of handguns in public places. The legislature sought to attack this problem in three ways. First, the law seeks to prevent ownership of handguns by violence-prone and irresponsible persons. Second, the law prohibits the carrying of handguns in public except under limited circumstances. Third, the law places restrictions on the transfer of handguns.
In 2003 the Minnesota Citizens' Personal Protection Act was signed into law and it required county sheriffs to issue a handgun permit to almost any law-abiding Minnesotan over the age of 21. Businesses that didn't want guns on their premises were required to announce it publicly, leading to the ubiquitous signs that are seen throughout the state.
Minnesota's place in the gun discussion goes beyond hunting and personal defense. The state is also a major manufacturer of gun ammunition.
Open carry is prohibited in Minnesota except for those who have a carry permit. The state has a workplace protection law that protects employees who possess a gun in a vehicle parked on their employer’s property. The state also has a preemption law that prevents county and municipal governments from enacting gun laws more restrictive than state laws, as well as a law that protects firing ranges.
Democrats in Minnesota are pushing a gun confiscation proposal that looks eerily similar to one recently proposed by Democrats in Missouri, The measure uses language that is almost identical to the Missouri proposal, including a requirement that law-abiding gun owners relinquish their so-called "assault" weapons before Sept.1, 2013. Don’t let this happen to your state, Join with US Precision Defense with getting the word out, see our member benefits on our Home page of our website.
Minnesota is becoming ground Zero for Democrats gun confiscations efforts! Democrats in Minnesota’s legislature have introduced several draconian gun control measures, one of which would ban, and provide for confiscation of all average sized magazines.
In February of 2013 Missouri Democrats introduced an anti-gun bill which would turn law-abiding firearm owners into criminals. Gun owners will have 90 days to turn in their guns if the legislation is passed. (waiting to see if this happens)
Minnesota has a Democratic governor, two Democratic senators, and Democrats control both houses of its Legislature. So it may have come as no surprise when President Obama went there to rally support for his proposals to reduce gun violence. But even in the politically blue state, there's considerable resistance to placing further restrictions on gun ownership.
The gun confiscation legislation in Minnesota should be challenged by those who believe, as Thomas Jefferson did, that citizens have a “right and duty to be at all times armed.” American citizens are also “entitled to freedom of person, freedom of religion, freedom of property, and freedom of the press.” For those that ridicule the idea that some lawmakers and anti-second amendment activists want to ultimately confiscate all firearms, think again. Like those who published lists of legal gun owners in several publications recently, the anti-gun politicians know no bounds in their total disregard for our constitution and of which the 2nd amendment is a part of.
Pine County, Minnesota Sheriff Robin Cole sent a letter to Vice President Joe Biden saying federally-mandated gun control measure violate his interpretation of the Constitution and won't be enforced in his county if passed. "If the State of Minnesota desires to change current law, then it must do so through the legitimate process of legislation," Sheriff Cole said. "In my opinion it is a moral sin to erode freedom through obscure regulation and administrative rules."
Wright County Sheriff on his view of Guns, “The Second Amendment is Pretty Clear” Sheriff Joe Hagerty said missing information in criminal and mental health databases poses a risk in preventing people who would abuse guns from obtaining them. His stance is the same as that of the Minnesota Sheriff's Association and the Hennepin County Sheriff, which was announced at a press conference: access to guns is the problem, not the type of firearms or number of magazines people are allowed to purchase. It the Criminals access not the law abiding citizen.
US Precision Defense is pro-active in protecting the 2nd amendment, you can be too, become one of our members and help us in our support.