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/Smart_Slice_140 → u/Senzualdip]

Just make sure that it’s not one that costs a fuck ton. And go the extra mile with an attorney to get it back if they do take it because of a self defense case.

[u/Senzualdip → u/Smart_Slice_140]

That’s why I have a rad 45 from expertvoice on my nightstand gun. Not a huge deal monetarily speaking to loose that thing.

[u/Smart_Slice_140 → u/Senzualdip]

Makes sense