How Do I Select a Gun Trust And Firearms Attorney In North Carolina ?

What Is A Gun Trust North Carolina NC

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

Alex Kincaid Gun Trust InformationGun owners in North Carolina 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 North Carolina 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 North Carolina ?

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

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

Business entities such as corporations and limited liability companies (LLCs) in North Carolina 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 North Carolina Can Be Kept Private

In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in North Carolina 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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The North Carolina State Constitution has a provision that states:  “A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed, and, as standing armies in time of peace are dangerous to liberty, they shall not be maintained, and the military should be kept under strict subordination to and governed by the civil power. Nothing herein shall justify the practice of carrying concealed weapons, or prevent the General Assembly from enacting penal statutes against that practice.”

2013, A measure adding more places to where people can carry or store concealed firearms in North Carolina and repealing a requirement to get a license to buy a handgun passed the North Carolina Senate. The Senate measure has accumulated more opponents as it has broadened the scope of a bill that already passed the House.

The bill also includes a number of tougher gun-related penalties and requires local clerks of court to report mental health findings to a national criminal background-check database. The enhanced reporting requirements earned the approval of the North Carolina Sheriffs' Association, but the organization opposes the Senate version as a whole because it ends a law that requires people to obtain a license from a local sheriff to buy a handgun. Attorney General Roy Cooper, who also opposes the repeal, says sheriffs currently check applicants for citizenship, convictions for violent crime and other issues.

Currently, in order to buy a handgun, whether from a licensed dealer or a private individual, North Carolinians are supposed to obtain a pistol purchase permit from their sheriff (or hold a concealed handgun permit). In order to get that permit, residents undergo a background check. Current law prohibits carrying firearms at parades and funeral processions. District attorneys are allowed to carry handguns into a courtroom but judges, clerks of court and magistrates are not.

North Carolina is a Common Law State. Appearing in a public place, armed with a firearm, may be an affray at common law depending on the circumstances. Meaning, that unless under the right circumstances you can or will be arrested.

US Precision Defense has an on-line store, a members only section, a section dedicated to women, a national reciprocity map, and a database of firearm instructors, gun smiths, and shooting ranges. 

Getting a CCW in North Carolina, The “Shall Issue to Residents Only” classification means that the issuing official will issue a permit to a North Carolina resident if they meet all of the legal requirements. A Non-North Carolina resident will not be eligible for the North Carolina concealed carry permit.    

Do law-abiding North Carolina residents have a right to carry a gun openly in public? Generally, yes. In addition to state law, local governments also have some authority to limit open carry rights. However, local government authority is limited by the pre-emption statutes that, with some exceptions, make gun regulation a matter of state rather than local concern.

To obtain a CCW in North Carolina; Qualified applicants in North Carolina are individuals that are at least 21 years of age, and who have not been convicted of any felony or “violent misdemeanor,” have not been convicted of an impaired driving offense (DUI) within the past three years, and who have not been dishonorably discharged from the military, in addition to the usual list of federal gun disqualifiers, such as felony convictions or certain mental illnesses.

Are the Sheriff’s of North Carolina stuck in the past, you decide, the following is from the NRA and is food for thought: The permit to purchase system was enacted nearly 100 years ago, before the days of computers and criminal databases.  It is an obsolete system that has been replaced in efficiency and accuracy with the National Instant Criminal Background Check System (NICS).  The permit system itself has a history of lacking statewide uniformity.  Some sheriffs have even gone so far as to limit the number of permits they will issue, which the state law does not allow.

The North Carolina legislature may have been unable to pass the firearms freedom act this year (2013), and  it has yet to introduce a Second Amendment preservation act, but that doesn’t mean steps to defend the right to keep and bear arms are not being taken in the Tar Heel State. Local governments are taking steps to defend the Second Amendment, creating pressure that will undoubtedly be felt in Raleigh next year. Hertford County was the most recent locality in North Carolina to pass a local resolution to preserve the Second Amendment.

US Precision Defense is staffed with firearms professionals with both Law Enforcement and Military experience, visit our Home page to learn more about what we do and who we are!