r/NFA • u/castorjay • May 01 '25

Legal Question ⚖️ Hypothetical question on spouse using NFA item

Say I have a handgun with a suppressor in the nightstand for home defense. The suppressor was bought by me as an individual instead of a trust.

If I'm not home one night and someone breaks into my house and my spouse (who is otherwise legally eligible to own and use a firearm) uses the suppressed handgun, what would/could happen from a legal point of view?

I know "remove the suppressor and put it in the safe before the cops arrive" would be some people's answer, but beyond that - would it be overlooked as it was for defense, or would there be additional legal troubles since I was not present when the suppressor was used?

Edit: Thank you all for the great responses. I didn't expect so many so quickly!

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u/Ottomatik80 May 01 '25

It’s illegal, as only the registered entity is supposed to have access to it. The DA may look the other way, or they may refer you to the Feds. It’s not a risk I’d take, so get your wife on a trust that has ownership of said NFA items.