How Do I Select a Gun Trust And Firearms Attorney In West Virginia ?
Before choosing a gun trust or firearms attorney in West Virginia, 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 West Virginia, 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 West Virginia For Firearms That Are Subject To The National Firearms Act
Gun owners in West Virginia 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 West Virginia 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 West Virginia ?
The National Firearms Act (NFA) regulates the possession, use, and transfer of several different types of firearms in West Virginia. 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 West Virginia 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 West Virginia
Even when you can obtain the CLEO signature, individual ownership is not the best way to own Title II firearms in West Virginia. 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 West Virginia 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 West Virginia. The answer is usually a firearms trust
Business entities such as corporations and limited liability companies (LLCs) in West Virginia 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 West Virginia Can Be Kept Private
In contrast, a trust does not require any fees with the state and can be kept private. Because trusts in West Virginia 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
Article 3, Section 22 of The West Virginia State Constitutional Provision states: A person has the right to keep and bear arms for the defense of self, family, home, and state, and for lawful hunting and recreational use….
To obtain a concealed carry license in West Virginia: The West Virginia State Police has made available online the current uniform application form that has been prescribed by the Superintendent of the State Police and which WV Code § 61-7-4 and requires all sheriff’s offices to use. A person intending to apply for a concealed handgun license will need to print and complete the application form, have it signed and notarized, once notarized file the application together with a copy of the applicant's driver's license, a copy of the applicant's proof of training or existing concealed carry license.
The terms of reciprocity agreements allow West Virginia residents with concealed handgun licensees to carry concealed handguns in the reciprocal states. It is important for license holders to understand that when they are traveling in or through another state, the license holder is subject to the firearm laws of that particular state.
As of 2013, West Virginia Concealed Carry Licenses are recognized (Have Reciprocity) with the following states: Alaska, Arizona, Arkansas, Delaware, Florida, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Wisconsin (only if permit issued after 6/8/12), Wyoming.
West Virginia preempts local regulation of several aspects of firearms, though local regulations which were in effect prior to 1999 were grandfathered into law Further, State agencies and institutions are not precluded from enacting laws which regulate firearms. Charleston, Dunbar, and South Charleston are known to have grandfathered local ordinances which prohibit weapons on city property and in city buildings. The City of Martinsburg is known to have a local ordinance that was passed after 1999, which prohibits weapons in city buildings, that was not grandfathered into law.
US Precision Defense has one of if not the largest websites dedicated to concealed carry and second amendment rights, we have a women’s only section, members only benefits, forums, blogs, and a free directory of firearms instructors, shooting ranges, and gun smiths. For more details go to our “home” page and see for yourself!
Concealed weapons permits may only be issued for pistols or revolvers. Each applicant shall file with the sheriff a complete application, as prepared by the Superintendent of the West Virginia State Police, in writing, duly verified.
West Virginia has a self-defense law based on the castle doctrine, and is a “stand your ground” state, meaning persons under attack do not have a duty to retreat before using physical or deadly force to protect themselves.
West Virginia is a traditional open carry state but there are some grandfathered local open carry bans not preempted by state law, such as the City of Charleston. There is complete state preemption of all firearms laws, but any local laws passed before preemption remains in effect.
As Congress begins its discussion of proposed gun control legislation, some West Virginia sheriffs have declared they will not enforce any laws they believe violate the Second Amendment. Boone County Sheriff Randall White on Monday wrote a letter to President Barack Obama. "It is with all due respect," White wrote. "I wish to inform you that so long as I am sheriff of this county, I will not, nor shall I ever support any alterations to the Constitution of the United States or any of its amendments, specifically the right to bear arms."
Raleigh County Sheriff Steve Tanner stated he would not enforce any gun laws passed by Congress. Sheriff Tanner further stated he is charged to defend "the entire Constitution, including the Second Amendment." "It's incredibly stupid for anyone to assume that society has become so advanced you no longer have the need or the responsibility to protect yourself or your family,"
2013; The West Virginia Sheriff's Association, which represents all 55 sheriff's departments in the state, has yet to take an official stance on the debate in Washington over gun violence and newly proposed measures.
2013; West Virginia is home to at least four firearm related companies and they include; Douglas Barrels Inc, Msm Inc(Mountain State Manufacturing), Ultra-Light Arms (New Ultra-Light Arms), and W E Rayle Inc.
US Precision Defense maintains a complete list of all states reciprocity agreements, and deadly force laws also for every state, we have links to self-defense insurance, much more, please go to our “home” page to see all of our features.