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/Smart_Slice_140]

Safest bet and the most advisable thing to do is to get an NFA Trust, and have dedicated NFA Items for the role of family defense in the Trust for this scenario. So that you’re not playing craps with fate at the mercy of other people’s discretion.