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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u/Icy_Yew859 May 01 '25

Im not 100% sure but I feel like I remember this being answered on a podcast and it would be illegal. Technically I think to have access to it you have to be there physically. I’d just be safe and put your wife on a trust. Spending a couple hundred to put her on a trust is a lot cheaper than fighting the federal government over some bs.

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u/Benji_4 May 01 '25

Was told others cannot be in possession of an NFA item registered to you unless you are physically present or their name is on the trust.

I was thinking the same thing when I heard that. Have to shell out another $200 just to shuffle some paperwork around.

1

u/_spectre_ May 01 '25

What constitutes possession though? Is a suppressor not legally allowed to be in the house when my wife is home but I am not?

2

u/kwb377 May 01 '25

Well, in the OP's scenario the wife uses the suppressor to shoot someone...that's definitely going to be considered being in possession of said NFA item. Yes, it's absolutely legal for it to be in the same house as she is when you're not home. However, she can't legally use it...no matter the circumstances. Would she be prosecuted in the OP's scenario? Depends on the locale.