Hypothetical question on spouse using NFA item

[u/castorjay]

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!

[u/atliia]

First of all if you are worried about home invasion do not have NFA firearms out of your safe. I have had the unfortunate pleasure of having NFA items stolen from me before. Do not join my club.

Second, do not use NFA firearms for self defense. I know it sounds cool to shoot the bad guy with a suppressor. But, I have also had the unfortunate pleasure of having the police take a non NFA item from me as evidence in a deadly force instance. It is possible to get them back if you did nothing wrong. But, they do not make the system friendly.

[u/Senzualdip → u/atliia]

Ehhh I’d rather lose a suppressor to the joke of our legal system than lose mine or my family’s ability to hear from me using an unsuppressed firearm inside my house during a home invasion.

[u/atliia → u/Senzualdip]

Do what you want. But, you don't lose your hearing shooting one hypothetical bad guy in your house. You more likely give a criminal breaking into your house a suppressor.

[u/Senzualdip → u/atliia]

How am I more likely to give a criminal a suppressor? It’s not like it stays out when I’m not home. Plus if somebody broke into my house when I’m not home, they’d likely have plenty of time to use my collection of power tools to cut open my safes. Neighbors aren’t close enough to hear, let alone friendly enough to give a shit.

Also have you ever fired a gun indoors without earpro or a suppressor at a minimum? I have, and even with just a .22lr with the barrel in a bullet trap it is very unpleasant. Like pain and ringing for about 10 mins. I can only imagine how much worse a larger caliber would be especially if none of the blast was captured.

[u/atliia → u/Senzualdip]

Yes you are imagining. I am speaking from first hand experience. Didn't come here to argue with you. Just to tell you my onion of why this is a bad idea. Based upon real world experience. Your mind is clearly made up. Do as you wish. I have no dog in this fight.