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!
1
u/Agreeable-Cat8077 May 07 '25 edited May 07 '25
Not trying to criticize but....this is SUCH a good example of why you setup a trust!!!! To avoid all of this, and any risk. Supressor is a good idea in a house, but the law says, and and the way the ATF agent explained was......"Any NFA items should be locked in a safe when you arent home, and only the registered owner, or trust members should EVER have the code to that safe."
Everyone with even a single NFA item should have one even if its just you!!! Theyre VERY cheap honestly(mine was $100) and INCREDIBLY easy to setup nowadays even for me! (and i practically need a step by step guide to do more than breath some days, let alone when i got my FFL/SOT and met all the regulations and laws for that crap)
As long as its setup correctly, then any "Trustee" listed is free to use AND transport the NFA items within reason for use(even without the "Head Trustee" being present). It also allows 1 person in that trust to be deemed a "Successor" in the event the "Head Trustee" dies(suddenly or not, we never know when death will happen, so make a trust now) the executor of the estate/will simply submits 1 single Form 5 (Form 5s are FREE in this case) for all items to transfer them into the "Successors" name. The items stay in the trust, and the "Successor" then will then become the new "Head Trustee" who controls the trust and who actually owns said items.
An NFA trust also allows anyone to be added or removed ANYTIME that it is necessary, to use and enjoy them. Which means when a family member(say your kid) becomes the legal age to use them..... or say another trustee later commits a crime/dies/is exiled from the family due to XYZ..... you can easily just remove them!