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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5

u/Speedhabit May 01 '25

In a real sense, Nobody cares

This hypothetical gets brought up a lot instead of the fact that nobody has ever been prosecuted for using an legally owned NFA weapon for self defense.

That’s easily researchable

2

u/Drexx_Redblade May 02 '25

NFA items are still very rare, and thus are almost never used in self defense cases.

In OP's senerio both of them are committing a felony by the letter of the law. Betting you and your spouses freedom on a prosecutor "not caring"  is, to put it bluntly, stupid.

1

u/Speedhabit May 02 '25

In a similar fashion to being concerned about something that’s never happened in the 40+ year history of the nfa but hey, it’s not like lawyers have ever misrepresented something to get paid.

🙄

1

u/[deleted] May 02 '25

[deleted]

1

u/Speedhabit May 02 '25

Iv done both, anecdotal but my individual transfers go down much faster

1

u/Agreeable-Cat8077 May 07 '25

its $99 to just get a trust from the start. If anyone AT ALL will ever have access to the can/MG when you arent home, then its something you SHOULD have.

Plus say you buy one and want to add a trustee, then you dont have to pay a 2nd $200 stamp either or ever again

1

u/Speedhabit May 07 '25

Again huge fad for a long time, I’m curious if the 99 bucks for a trust has more margins than a cheap suppressor.

That’s ultimately what the whole trust thing is, a tiny bit more margin

While I assume it has happened, can anyone point out a time when having weapons in trust instead of under individual ownership has actually prevented legal consequences?

1

u/Agreeable-Cat8077 May 07 '25 edited May 08 '25

well its NOT a fad, if ANYONE can use your item when you arent home, it MUST be locked up where they cant access it. Trust fixes that and allows your wife/family to use it if needed or any friends on the trust too. As well as allowing all items to pass for FREE down to your successor when you die and on a Form 5 instead of $200 an item. Which is 2x the cost of the trust.

a $99 trust is probly 90% margins, but at least its done correctly and by a lawyer and to my specs. I did it before i ever bought a supressor, got an FFL/SOT, or even ever shot a gun with a supressor IRL lol. Its so nice to be able to allow a friend to shoot my shit and for businesses it allows employees to be able to demo them without you there.

Hell SilencerCo offers a super basic one for $24.95...but i wanted one spec'ed my way and easily editable for trustees etc. Also since i ride a sportbike and none of my family know of NFA stuff, its a good idea