NFA question about HD

[Hammer]

If a person has a SBR for HD which was done on an individual form.

Can/should a family member use the SBR in a HD situation without too many legal issues if the stamp holder is not present?

 

[Dobber]

If a person has a SBR for HD which was done on an individual form.

Can/should a family member use the SBR in a HD situation without too many legal issues if the stamp holder is not present?

I am not a lawyer. I would say NO. If the person firing the weapon is successful in wounding an intruder AND is not a stamp holder AND the stamp holder is found to NOT be present for the event I would contend that the shooter, by lodging a bullet in the intruder, introduces evidence pointing to possession of the weapon and thus can be charged criminally. BUT I'd rather fight that point in court than watch my wake from above.

-Dobber

 

[Faine]

I've been curious about the true legality of a spouse having access to or being in posession of a NFA regulated item in the absence of the stamp holder. The issue that comes to mind is that one could legally and logically contend that as a SPOUSE in the US and in most states a married couple is considered a single entity. I'm not saying I want to be the poster boy for this but I'm really curious as to how it would stand up in court given the duality presented by the government on the issue. I know a trust fixes this but that's beyond the scope of the OP's request and my statement.

To the OP, I would say unless you want to be the poster child for this in court, lock it up and keep it locked up, get other things set up for home defense and use your NFA items as a last resort.

 

[ShootinIron]

SBR

This is one of those "what if" questions..... but as a LEO if your wife used your SBR for "home" defense, the fact it was a NFA / SBR would not / should not cause a problem. If one of your young children got hold of any NFA gun and used it even for home defense it would cause some serious questions! But as stated save your self / family first, worry about your SBR and $200 stamp latter.

 

[CountryBoy19]

This is one of those "what if" questions..... but as a LEO if your wife used your SBR for "home" defense, the fact it was a NFA / SBR would not / should not cause a problem. If one of your young children got hold of any NFA gun and used it even for home defense it would cause some serious questions! But as stated save your self / family first, worry about your SBR and $200 stamp latter.

I think the OP is referring the 10 years of free room and board in the gray-bar motel if you illegally transfer possession of an NFA item (ie allow somebody other than the legal owner shoot it without the presence of the legal owner). While it's better to be in prison and alive, if you go to prison you will be a felon forever and can never own another gun in your life, not even for self-defense... I sure don't want to live like that...

FWIW, I have a trust and every person living in my household is a trustee on that trust to avoid this issue.

 

[amafrank]

Since the regs don't allow anyone other than the registered owner to be in possession I'd say its not legal regardless of the situation. Use of NFA for home defense isn't really all that good of an idea in any case. One of the big reasons for guys using trusts, corps and LLC's is so they wouldn't have this issue. Even in a community property state like Indiana my wife isn't allowed to have access to the NFA registered to me. If the NFA is owned by a corp, LLC or trust and she is a member than the regs allow her possession.
In any case you can do whatever you want but leaving your NFA where others can have access when you're not there is not a good idea. You can fight it out in court later but its bad enough when you shoot someone with a handgun who is breaking into your house. Use of NFA gives the opposition that much more to sway the jury with and if you believe that justice is blind think again. Trials are like elections- the truth isn't what sways the jury, the show is. Innuendo and accusation can turn an otherwise friendly jury into an angry mob. Do as you see fit but think about reality.

Frank

 

[JoshuaW]

This is one of those "what if" questions..... but as a LEO if your wife used your SBR for "home" defense, the fact it was a NFA / SBR would not / should not cause a problem. If one of your young children got hold of any NFA gun and used it even for home defense it would cause some serious questions! But as stated save your self / family first, worry about your SBR and $200 stamp latter.

Why would child or spouse be different? Unless you were implying that having a YOUNG child with access may raise some eyebrows, but wouldnt that be the case of any gun? I would like to think that if a child used a firearm in self defense, regardless of age, there wouldnt be blow back, but I know that probably isnt realistic.

Back to the OP, I used a trust for this reason, I dont want to put my fiance in that position, its more trouble than it is worth. When I travel for work and we have someone house sit, it will of course be locked in the safe. When I travel and she stays behind, it will also probably be locked in the safe, since her mother usually stays with her when I am gone. No need to expose yourself or your family more than absolutely necessary.

 

[Hammer]

Thanks for the replies. The item is locked up when I am not in possession of it and only I know the combo.

I have other HD guns available that are more than capable of handling most any situation, it was more of a what if type question.