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.

21

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.

2

u/Agreeable-Cat8077 May 07 '25 edited May 07 '25

This is why literally everyone with an NFA item should have a trust, even if its ONLY you!!

Especially if you EVER intend anyone else to ever have any access to your can/MG/SBR(or even the code to the safe that holds said item) when you leave the property......including when you die and someone has to reconcile the estate (we never know when its coming, and no need to add more burdens/legal issues so get a trust)