- Ballwin (MO)
- Blue Springs (MO)
- Cape Girardeau (MO)
- Chesterfield (MO)
- Columbia (MO)
- Florissant (MO)
- Independence (MO)
- Jackson (MO)
- Jefferson City (MO)
- Joplin (MO)
- Kansas City (MO)
- Lees Summit (MO)
- O Fallon (MO)
- Saint Charles (MO)
- Saint Joseph (MO)
- Saint Louis (MO)
- Saint Peters (MO)
- Springfield (MO)
- Universal City (MO)
- Wentzville (MO)
- Wildwood (MO)
How Do I Select a Gun Trust And Firearms Attorney In Missouri ?
Before choosing a gun trust or firearms attorney in Missouri, 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 Missouri, 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 Missouri For Firearms That Are Subject To The National Firearms Act
Gun owners in Missouri 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 Missouri 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 Missouri ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in Missouri. 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 Missouri 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 Missouri
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in Missouri. 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 Missouri 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 Missouri. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in Missouri 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 Missouri Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in Missouri 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 Constitutional Provision of Missouri states: “That the right of every citizen to keep and bear arms in defense of his home, person and property, or when lawfully summoned in aid of the civil power, shall not be questioned; but this shall not justify the wearing of concealed weapons."
In a shocking turn of events it was discovered that not only has Missouri Gov. Jay Nixon now admitted that he lied about submitting the names of concealed carry license holders to the federal government, but there’s a paper trail to prove it. New evidence proves that Nixon, a Democrat, had not only ordered his administration to submit the lists, but that DHS Secretary Janet Napolitano personally thanked him for doing so in a letter.
The Missouri state legislature has spoken out, and is taking action against the Governor; “This is a Senate Remonstrance against the Governor for the release by the Department of Revenue and the Department of Public Safety of personal protected information which has been publicly admitted by the departments.”
The Missouri governor had previously announced that the Show-Me state would “no longer scan or retain” concealed-carry weapon certificates, following a public outcry after it was discovered that the state had been submitting the names of concealed carry weapons to the federal government.
In a statement from the Missouri Sheriff’s association: “Missouri Sheriffs share in the concerns of the Senate Appropriations Committee about the release of carry conceal weapons permit holders personal information. Local Sheriffs are charged by statute with the duty of processing applications, gathering background information and ultimately issuing the conceal carry certificate. In doing so, we are entrusted with individual personal information. We have a duty, as Sheriffs, to hold that information to the strict standards of the law and the constitution in protecting the citizens we were elected to serve.”
At the next election it will be up to the voters if they want a new Governor, one that will not sell out their privacy to the Feds!
Missouri's concealed carry law provides recognition of concealed weapons endorsements from every state that issues them. A complete list of all reciprocity states and their accompanying laws can be found on our HOME page of US Precision Defense.
Missouri moved with great strides towards becoming one of the friendlier states for gun rights in the country recently. The Missouri House voted 118-36 to pass a bill which would nullify federal gun laws, it also clarified existing law and now allows for open carry of legal firearms in the state and also allows for carry by school officials under certain circumstances.
In regards to the school officials carrying on school property, Fox News reported the following; It would allow appointed “protection officers” to carry concealed weapons as long as they have a valid permit and register with the state Department of Public Safety. The officers would also be required to complete a training course.
If only other states would adopt similar laws our schools would be so much safer!
February 2013, State lawmaker Mike Leara has introduced a bill that would make proposing any legislation that restricts or limits gun rights a Class D felony. He is defending the Second Amendment by trying to ban any new attempts at gun control in Missouri. Leara is honest about the proposed bill’s chances: He doesn’t believe it will pass. “I filed HB 633 as a matter of principle and as a statement in defense of the Second Amendment rights of all Missourians,”
At least he is standing up for his convictions and for the US Constitution. This is what a politician is SUPPOSED to do. Stand up for what is right….
April, 2013; the Missouri House of Representatives passed HB 436, the "Second Amendment Preservation Act," by an overwhelming (and veto-proof) bipartisan margin of 115-41. Representative Doug Funderburk (R-St. Peters), sponsor of HB 436, was not interested in half measures when he drafted the bill. The Second Amendment Preservation Act would invalidate any federal legislation that infringes on the Second Amendment's protection of the right to keep and bear arms.
Missouri is one of a growing number of states passing similar laws as they have felt they had no alternative as the Federal Government was NOT standing up for the second amendment and has been on the path of eroding states’ rights.
US Precision Defense is a supporter of the Second Amendment, everything on our website is in support of gun rights and the shooting sports.