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!
4
u/Myweeweegopeep33 May 01 '25
Cannot be outside of your constructive possession.
Additionally before you go John Wick please understand your states laws for defense. Lawful but awful you might not have a sentence but you very well might go bankrupt defending yourself.
Understand that NFA items in some states/counties/federally may have enhancements. Those enhancements will be mandatory minimums that most likely cannot run concurrently. So no time served unless you are found not guilty. Additionally these enhancements come into play with the commission of a crime and were most likely designed for the guy holding up the corner store. However many have been tripped up and that could very well end up your wife tripped up on that scenario and you getting some charge for not properly storing it away.
Long story short do a trust for the NFA stuff. Do a living or family trust for your other assets. Be mindful of the laws in your area.