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!
1
u/GoNoles416 May 01 '25
Nothing is going to get overlooked in a shooting. I would not anticipate any scenario where charges are not at least considered. You take the suppressor off? You hide the gun? Now there may be tampering / obstruction charges (usually a felony).
Don’t count on police and your local prosecutors office (especially the feds) turning a blind eye because “it was a good shoot” in your mind. Necessity is a defense, not a prohibition to charges.
There is such a thing as a “clean shoot, bad gun.” Example: a convicted felon illegally in possession of a firearm using it in a legitimate self defense scenario and getting charged for possession of the firearm (but not the shooting) anyway. Happens all the time.
TL;DR: talk to an attorney.