How Do I Select a Gun Trust And Firearms Attorney In New Jersey ?

What Is A Gun Trust New Jersey NJ

Alex Kincaid Gun Enthusiast Before choosing a gun trust or firearms attorney in New Jersey, 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 New Jersey, 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 New Jersey For Firearms That Are Subject To The National Firearms Act

Alex Kincaid Gun Trust InformationGun owners in New Jersey 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 New Jersey 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 New Jersey ?

The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in New Jersey. 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 New Jersey 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 New Jersey

Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in New Jersey. 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 New Jersey 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 New Jersey. The answer is usually a firearms trust

Business entities such as corporations and limited liability companies (LLCs) in New Jersey can be used to obtain Title IIAlex Kincaid Get Your Gun Trust 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 New Jersey Can Be Kept Private

In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in New Jersey 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

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New Jersey operates as a May Issue state, offering concealed carry permits to both residents and non-residents. New Jersey does not honor any other CCW permits or licenses from other states. New Jersey is one of the five states in the US that does not have a constitutional amendment that protects a resident’s right to bear arms.

For obtaining a CCW permit an individual must demonstrate a need to carry, applicants for a concealed carry permit must also demonstrate a familiarity with firearms and provide three references who have personally known the applicant for at least three years. Application for a CCW permit is made through local police departments and the permits are then issued by a state superior court judge.

Interestingly New Jersey does NOT have reciprocity agreements with any other state in the country, and even with this anti-gun and anti-second amendment position the following states will accept New Jersey CCW permits in their state; Alaska, Arizona, Idaho, Indiana, Iowa, Kansas, Kentucky, Michigan, Missouri, Montana, Nebraska, North Carolina, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont.

New Jersey is not a traditional open carry state. Actually, carrying openly or “open carry” will get you arrested! However, should you be wealthy or connected enough to get one of the rare New Jersey handgun CCW permits, New Jersey law makes no distinction between open and or concealed carry. However, the status of the state’s preemption law would make this a dangerous proposition. New Jersey is one of the top 5 most restrictive gun rights states in the country.

Whenever the liberals in New Jersey talk of gun control it just adds to the problem, as many in New Jersey shrug at the often fruitless efforts by lawmakers in New Jersey and other states such as Maryland and Connecticut who pass sweeping laws aimed at curbing gun violence. Sometimes, they argue, it's about changing a mindset rather than just the laws. How about the mindset of criminals who know they are the only ones with guns and that the victims are defenseless as the state took away their right to bear arms.

Look at Camden New Jersey where the states strict gun control laws have little or no effect, they are plagued with gun violence where poverty and crime feed an enduring and bloody cycle. The reason, only the CRIMINALS have guns, citizens are defenseless! And what does the New Jersey legislature want to do, pass more gun control laws that Do Not Work?

US Precision Defense offers a complete on-line store and a members only section with how to reports and videos. 

Don’t travel through New Jersey with a firearm even if you own them legally; a U.S. veteran and former police officer is now serving 3-5 years in a New Jersey prison for possession of firearms that he legally owned. As a result of the extreme and unjust New Jersey gun laws, the former officer was convicted of illegal possession of firearms as he was passing through the state. This individual is not from New Jersey. He was actually moving from Maine to Texas and was driving through New Jersey when he parked his car in a parking lot to rest for the night. The man was awakened in the night by police officers who searched his vehicle without a warrant. This unwarranted search was deemed justified because the officer saw two gun cases in the back of the vehicle. The man was transporting his entire gun collection that day and was arrested immediately. (Apparently the arresting officers needed to keep their stats up that week.) 

Even in New Jersey there is such a thing as officer discretion.

Apparently they need to teach an ethics class as part of the New Jersey police academy curriculum, whatever happened to enforcing to the spirit of the law as opposed to the letter of the law? Under the Firearm Owners Protection Act, citizens are actually allowed to transport firearms from state to state regardless of the legality of the guns between departure point and destination. For full protection under this act, however, citizens must keep their firearms locked in either the trunk or a case.

In 2013 a bill which gun advocates were in favor of and did pass the legislature, it would have allowed gun owners to transport firearms to and from a firing range to make stops for specific purposes such as purchasing gasoline, using a restroom or dealing with an emergency situation. Gun advocates said this bill is needed because owners have been arrested and jailed for hyper-technical violations. Clearly New-Jersey and the liberals in the state legislature are as about anti-gun as it gets, if not very careful the citizens in the state will lose all of their second amendment rights.

US Precision Defense has a full listing of every states gun laws and information specific to women shooters.