How Do I Select a Gun Trust And Firearms Attorney In New Mexico ?
Before choosing a gun trust or firearms attorney in New Mexico, 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 Mexico, 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 Mexico For Firearms That Are Subject To The National Firearms Act
Gun owners in New Mexico 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 Mexico 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 Mexico ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in New Mexico. 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 Mexico 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 Mexico
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in New Mexico. 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 Mexico 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 Mexico. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in New Mexico 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 New Mexico 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 Mexico 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
New Mexico’s state constitution states: “No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms.”
New Mexico has state preemption of firearms laws, so local governments may not restrict the possession or use of firearms. In 1986, Article 2, Section 6 of the state constitution was amended to say, "No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms."
New Mexico is a "shall issue" state for the concealed carry of handguns, and permits the open carry of loaded firearms. An applicant for a concealed carry permit must be a resident of New Mexico and at least 21 years of age. Each permit specifies the category and caliber of handgun that may be carried, but is also valid for a smaller caliber. The applicant must complete a state approved training course that includes at least 15 hours of classroom and firing range time, and must pass a shooting proficiency test for that category and caliber of handgun. A permit is valid for four years, but license holders must pass the shooting proficiency test every two years.
When it comes to gun control advocates in New Mexico they sometimes forget the state is largely rural state, where old Hispanic families have hunted, ranched and farmed the mountain valleys and mesas since Spanish settlers first arrived in the 1500s, efforts to restrict firearms have been viewed warily. New Mexico is a place where you can bring your gun almost anywhere. You can even carry your weapon openly in the Capitol, if you wish — one of only a few states that allow open or concealed carry in their statehouses.
New Mexico does not have a law based on the castle doctrine, per se. However, the state’s self-defense statute does not require victims to retreat when they or their property come under attack. The law, which has been on the books since 1907, is somewhat vague. Courts have held in past rulings that deadly force must be merited; in other words, a landowner cannot justifiably shoot someone merely for trespassing on his property.
New Mexico, with its Wild West history, is not known as a hotbed of anti-gun sentiment. So the fate of a new legislative proposal to close the infamous "gun show loophole," that exempts from background checks people who buy guns from "private sellers" as opposed to licensed gun dealers, may be an interesting bellwether for the fate of such legislation in Washington.
New Mexico does not require a concealed weapons permit if an individual has a similar carrying permit of the following states: Alaska, Arizona, Colorado, Delaware, Florida, Kentucky, Michigan, Minnesota, Missouri, Montana, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Utah, Virginia, and Wyoming.
If a concealed weapons permit is valid, an individual will still face a few restrictions on where he/she is allowed to carry a handgun; these places include: Any federal buildings, schools, or restaurants that serve alcohol. Concealed carry laws in New Mexico are complex and detailed in regards to locations that sell alcohol. For instance, it is legal to carry concealed weapons in grocery stores or convenient stores that sell alcohol, but considered illegal if carried into a liquor store.
New Mexico law allows a person to have a concealed loaded firearm in his or her vehicle (including motorcycles and bicycles). If you are not licensed to carry concealed in this State, you may not have the weapon concealed on your person when you exit your vehicle or motorcycle.
New Mexico is an Open Carry State, meaning it is legal to carry a loaded weapon as long as it is not concealed. However, it is not legal to carry any firearm in any federal building, school, state building, or licensed liquor establishment. It is the responsibility of the person carrying the firearm to be informed as to when and where carrying is prohibited.
Pursuant to Subsection C of NMSA 1978 Section 29-19-12, any person lawfully in possession of private property may prohibit the carrying of concealed handguns on such private property by posting notice in accordance with NMSA 1978 Section 30-14-6 or by verbally notifying persons entering upon the property. Learn more about New Mexico’s CCW laws on our website, US Precision Defense