- Australia (NV)
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How Do I Select a Gun Trust And Firearms Attorney In Nevada ?
Before choosing a gun trust or firearms attorney in Nevada, 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 Nevada, 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 Nevada For Firearms That Are Subject To The National Firearms Act
Gun owners in Nevada 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 Nevada 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 Nevada ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in Nevada. 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 Nevada 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 Nevada
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in Nevada. 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 Nevada 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 Nevada. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in Nevada 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 Nevada Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in Nevada 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
Nevada is a traditional open carry state with very complete state preemption of firearms laws. However in direct conflict with state laws several jurisdictions have passed and are enforcing "Deadly Weapons" laws which conflict with the preemption laws, and whose legality is therefore at issue. Were this not the case, Nevada would qualify as a "Gold Star" open carry state. Effective Oct 1, 2007 is legislation that prohibits counties/cities/towns from enacting ordinances more restrictive than state law – the legislature reserves for itself the right to legislate firearms law. This law is retroactive.
Nevada is a shall-issue state, meaning concealed carry permits must be issued to qualified applicants. Permits are issued by local law enforcement agencies at a cost of $105 and are valid for five years. Unlike most states, Nevada requires permit holders to list each gun they intend to carry on the permit and qualify with those guns. The requirement excludes revolvers, which do not have to be listed individually. A handgun safety course is required, along with a background check, before permits can be issued.
North Las Vegas Warning: The incorporated city of North Las Vegas has a city ordinance that prohibits the transportation of loaded guns in vehicles. Although this ordinance is in violation of NRS 268.418, the City of NLV has simply decided to ignore the state law. You may be cited, arrested, and prosecuted by the City of NLV for violating this ordinance (even though state law says they can't have the ordinance in the first place). A lawsuit has been filed against the City of NLV in Nevada District Court seeking to have the ordinance repealed.
Governor Brian Sandoval (R) vetoed Senate Bill 221. SB 221 is misguided gun control legislation being forced on law-abiding citizens of Nevada by extremist New York City Mayor Michael Bloomberg and his national anti-gun organization, “Mayors Against Illegal Guns” (MAIG).
The Governor’s office invited comments from the state’s residents in regards to SB 221 and the overwhelming response with to kill the bill, so hearing his citizens the Governor vetoed the bill!
US Precision Defense tracks and reports 2nd amendment rights from all across county, and makes it available on our website to all of our readers.
Nevada, In our society it always seems that laws are passed due to a small vocal group pushing their personal political agendas that did not necessarily represent the true voice or will of the majority of the people. This has been clearly evident with the issue of Gun control laws, where a small well-funded group has been able to impose their personal views into political action in the form of laws as they are not opposed with people or groups organized enough to be able to be properly heard. The Nevada Governor Brian Sandoval decided he would give the people a voice by asking the citizens to the state to call him and let him know what they think.
“The office of Nevada Governor Brian Sandoval has been flooded with so many calls requesting the veto of a gun control bill that the office had to set up an automated call system. Sandoval already said he would veto the bill, but that hasn’t stopped 2,200 people from calling his office on Wednesday between 9 a.m. to 4 p.m. The office estimates that about 80 percent of the callers have requested that Sandoval veto the bill.”
The defeat of the controversial legislation was viewed as a major development with implications that extend far beyond Nevada’s borders. Gun-rights supporters celebrated the veto, saying it showed that out-of-touch billionaires and their bogus polls were losing the nationwide battle to strip Americans’ God-given right to keep and bear arms. Anti-gun zealots, meanwhile, howled about the embarrassing defeat and vowed to press forward with their attack on the Second Amendment.
Nevada is a traditional open carry state with complete state preemption of firearms laws. However, Clark County is grandfathered so as to continue a “Deadly Weapons” registration scheme. Fortunately, Nevada law exempts travelers to and through Nevada from these registration requirements for 60 days.
Nevada is clearly a strong pro 2nd amendment state, to keep up on the latest political news in Nevada become member of US Precision Defense and stay informed.