How Do I Select a Gun Trust And Firearms Attorney In New York ?
Before choosing a gun trust or firearms attorney in New York, 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 York, 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 York For Firearms That Are Subject To The National Firearms Act
Gun owners in New York 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 York 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 York ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in New York. 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 York 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 York
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in New York. 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 York 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 York. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in New York 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 York 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 York 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 York, It is hard to believe that the New York State Constitution has language in one of its Provisions such as: Article 2, Section 4 of the New York Civil Rights Law provides: “A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed.”
New York State and the city of New York specifically have the most gun restrictive laws of any state or city in the country (the city of Chicago is about equal) New York of recent times has been at the center of the Second Amendment debate and the right to possess and bear arms. Although a CCW permit can be obtained in New York they are almost impossible to obtain.
When Mayor Michael Bloomberg became the 108th and current Mayor of New York City he brought with him his personal anti-gun agenda to the Mayor’s office. He has invested a significant portion of his personal wealth to his anti-gun and anti-second amendment agenda. He has openly called for the repeal of the Second Amendment or at a minimum that it be re-interpreted, apparently the Mayor sees himself on equal status as our Founding Fathers. He may be a successful businessman and politician yet his comments and views clearly show he is neither a true patriot nor a person who supports the constitution, and is not in the same league as our forefathers who formed our great nation.
New York, June 2013; A midlevel state court has rejected claims that New York's new gun law violates the state constitution because it was passed too quickly and restricts the rights of a citizen militia. The Appellate Division decision Wednesday upheld a judge's ruling that state law generally prohibits judicial review of Gov. Andrew Cuomo's justification for pushing the bill quickly through the Legislature on Jan. 15, instead of waiting the three days usually required. Cuomo used a "message of necessity" to skirt the waiting period, saying some guns and high-capacity magazines are so dangerous they needed to be restricted as soon as possible. Robert Schulz, who sued with more than 1,000 other plaintiffs, claims Cuomo's emergency justification was false. The law bans high-capacity magazines and tightens the definition of illegal "assault weapons."
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New York, Mayor Michael Bloomberg never seems satisfied to leave bad enough alone. He now seeks to model New York’s gun laws upon the Chicago murder capital fiasco, and is financing a $12 million propaganda campaign to sell his “Mayors Against Illegal Guns” program. While a major focus, at least for now, is to push for legislation mandating national background checks on all handgun sales, don’t expect the mayor’s anti-gun agenda to end there. His group has also circulated a factually-flawed report charging that the NRA has “kept the country in the dark about gun violence”.
Who is really keeping the nation in the dark? Perhaps the items that follow will shed some points of light on this matter. Tough Gun Laws Don’t Reduce Murder Rates, Criminals and Gangs Don’t Get Background Checks, Gun Laws Can’t Control Absentee Parenting, Gun Laws are Racist, Gun Laws are Sexist, Gun-Free Zones Invite Violence, Gun Laws are Dangerous, Statistics Don’t Support Anti-Gun Propaganda, “Assault Weapon” is a Politically-Loaded Term, This all per Forbes Magazine.
In a quote by the Mayor; he stated that no 19 year old can be trusted with a firearm? (Paraphrased) Maybe the Mayor should see how many 19 year old (or younger) US Army troopers or US Marines there are protecting us in combat today?
Mayor Michael Bloomberg “Mayors Against Illegal Guns” organization is losing support from his peers as is evident by the fact that Mayors from across the country are starting to fall away due to the organizations militant approach to the issues and its direct disrespect for the U.S. Constitution and specifically the Second Amendment.
New York Mayor Michael Bloomberg's anti-Second Amendment group, Mayors against Illegal Guns, has lost another member, this time the mayor of Rockford, Illinois--the state’s third largest city.
While New York City takes applications for new concealed carry (CCW) permits, it approves a very small percentage for the average citizen. The overwhelming majority of CCW permits in the State and City are given to high profile politicians, wealthy persons of influence, and only high profile security professionals.
US Precision Defense is a national voice for the protection of the Second Amendment, and is dedicated to help educate and protect gun owners in every state.