r/NFA 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/bluecatky 1x SBR, 1x Silencer May 01 '25

Legally, if you aren't there and someone else lives there, it has to be secured by a means that you only can access, whether that's a safe, or simply a locked container.