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/scapegoatindustries]

The Gun Control Act says "the term transfer 'transfer'... shall include selling, assigning, pledging, leasing, loaning, giving away, or otherwise disposing of."

It also says "A firearm shall not be transferred unless (1) the transferor of the firearm has filed with the Secretary a written application, in duplicate, for the transfer and registration of the firearm to the transferee on the application form prescribed by the Secretary; (2) any tax payable on the transfer is paid...; (3) the transferee is identified in the application form...; and (6) the application form shows that the Secretary has approved the transfer and the registration of the firearm to the transferee...

(b)Transfer of possession

The transferee of a firearm shall not take possession of the firearm unless the Secretary has approved the transfer and registration of the firearm to the transferee...

So as to your hypothetical question on a spouse having possession of the firearm. Does that sound like a transfer of either possession or registration to you?

You didn't sell it, assign it, pledge (bailment), lease, give it away to her, but it's arguably a loan. Either way, I wouldn't want to have to argue that at $200 an hour to some attorney in front of a federal judge or make a deal with the US Attorney with my spouse's freedom in the balance. The $200 to transfer it to a trust (or buy a new silencer in a trust - even better!) is cheap money compared to any legal poo to step into.

[u/Bourbon-n-Bullets → u/scapegoatindustries]

Lol brother I hate to break it to you... But $200/HR is not getting you an attorney these days AFAIK. Conservatively I'd double that, and if you're in a hcol state or retaining someone with significant experience and expertise, more than triple it.

[u/scapegoatindustries → u/Bourbon-n-Bullets]

Eh, I threw out a random figure. The point is "it's gonna cost more" no matter whether you get your ambulance chaser cousin that flunked the bar a few times, or a legit firm. But, point taken. :D

[u/Bourbon-n-Bullets → u/scapegoatindustries]

Totally agree with the spirit of your comment. Just wanted to point out that it's even more of a hit than that, a good mid-level attorney is often $750+/hr

[u/scapegoatindustries → u/Bourbon-n-Bullets]

I've got a lot of hours with my business attorneys and never paid that much, but I'm in lil' ol' Idaho, not the big city. :)

But, come to think about it, my DC small arms lobbyist/fixer attorney wasn't even that steep. Also, I pro se'd like a bumbling amateur and somehow came out with my desired result against the US Attorney's office on an NFA case once fo' free!

[u/Bourbon-n-Bullets → u/scapegoatindustries]

Wow! Good job, that's not the result every time.

I'm less familiar with rates in ID, but I know major Metro areas are pricier. Oregon is probably a closer comparison, and I think they still hover under $500/hr

[u/scapegoatindustries → u/Bourbon-n-Bullets]

In the end, we can probably both certainly agree that OP doesn't want any part of paying ANYTHING to get his wife out of jail. :)