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

What Is A Gun Trust Pennsylvania PA

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

Alex Kincaid Gun Trust InformationGun owners in Pennsylvania 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 Pennsylvania 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 Pennsylvania ?

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

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

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

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

To Learn More Pick Your City Below

Pennsylvania State Constitutional Provision states: “The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.”

The process for obtaining an License To Carry a Firearm (LTCF) in Pennsylvania is good due to the fact that the process is very thorough in making sure that permits are not granted to people that may be irresponsible or pose a danger to others (minors, convicted felons, domestic abusers, etc.) while making it very simple for trustworthy and law-abiding citizens to obtain with relative ease.

An individual who is 21 years of age or older may apply for a license to carry firearms by submitting a completed Application for a Pennsylvania “License to Carry Firearms” to the sheriff of the county in which they reside or if a resident of a city of the first class, with the chief of police of that city along with the required fee.

 May 2013; A switch to an online system and additional staffing are expected to speed up Pennsylvania's approval of concealed weapons license applications, eliminating delays. A $1.2 million upgrade is planned for the Pennsylvania Instant Check System, which is used for the background checks sheriff's departments and firearms dealers must run to issue concealed-carry licenses or sell guns.

Pennsylvania has reciprocity agreements with; Alaska, Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Maine, Michigan, Missouri, Montana, New Hampshire, North Carolina, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming.

Pennsylvania shall issue a LTCF to residents and non-resident applicants if no good cause exists to deny the license. Non-resident applicants must first obtain a license from their home state, unless their home state does not issue licenses

The state preempts local regulation of the lawful ownership, possession, transfer or transportation of firearms, ammunition, or ammunition components.

US Precision Defense maintains a database of every states gun laws and reciprocity agreements. We also have a free directory of; firearms instructors, shooting ranges, and gun smiths. We also have an on-line store of shooting products and accessories and an exclusive members only section.  

While Pennsylvania has a specific law that requires a License To Carry Firearms for the concealed carry of a firearm, and the carry of firearms in vehicles, the law is silent on the legality of openly carrying a firearm in other situations, making it what some would argue legal by default. It is highly suggested that before you “open carry” you contact your local law enforcement agency to get their interpretation of the law, (get the name and rank of the officer you speak to.)

There is however a law that requires a License To Carry Firearms to carry either way in "cities of the first class", which as defined by law is only the city of Philadelphia.

“Open Carry” is a term referring to the right of law abiding citizens 18 or older to display their firearm in public spaces without the need for a permit. The legal basis for this right can be found in the 2nd Amendment of the US Constitution. This federal right has been further defined by the Pennsylvania Uniform Firearms Act of 1995 which places restrictions on firearms owned by citizens of the Commonwealth. Open carry is Prohibited in the following places:  Within the city of Philadelphia, any school, any courthouse, any federal facility, and state park, any adult or juvenile detention facility, in a motor vehicle, in a private business (if notified verbally or by signage)

The Pennsylvania Sheriff’s association when asked about their position on gun control efforts coming out of Washington took a somewhat neutral stance, much different than other Sheriff’s associations from across the country, their official statement is: “The Sheriffs are Constitutional Officers sworn to uphold the Constitutions of the United States and the Commonwealth.  No directive has been given, nor is any directive expected to require the removal or surrender of any firearms in this state.”

A police chief in Gilberton, Pennsylvania, a small burough in Schuylkill County with a population of only 867 people, is proposing a ’2nd Amendment Preservation’ Ordinance that he plans to present to the city council during its January 24, 2013 meeting. The ordinance, if adopted, would formally require the city to “enact any and all measures as may be necessary” to prevent the violation of the 2nd Amendment by any federal, state or local entity. The support of the second amendment is growing and the push back to the feds is something the liberal congress we don’t thing ever saw coming!

US Precision Defense has a complete library of how to reports with supporting videos in our members only section.