Question regarding NFA items and spouses.

Discussion in 'Firearm Related' started by TITAN308, Jul 14, 2016.

  1. TITAN308

    TITAN308 :) :) :)

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    How exactly does this work if NFA weapons are present in your home and your spouse is not on your Trust or you file as an individual?

    There are many many laws that basically automatically encompass your spouse when applied to one or the other.

    Just a random question I am curious about.
     
  2. ber950

    ber950 Active Member

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    Tagged. I want to see what the lawyers say.
     

  3. AzB

    AzB Well-Known Member

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    I called the BATFE years ago and asked them. They said there was no need to lock up the item and they've never, ever prosecuted anyone's spouse for touching an NFA item while it's in your house.

    Don't sweat it. She just needs to know she can't leave the house with it.

    Az
     
  4. UtiPossidetis

    UtiPossidetis American

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    Remember that federal employees can not be held accountable for verbally provided opinions. Just sayin'.
     
  5. AzB

    AzB Well-Known Member

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    If they've never prosecuted someone's spouse, that would be a fact.

    I haven't checked to see if this is indeed a fact, so that's just my opinion.

    :rotfl2:

    Az
     
  6. UtiPossidetis

    UtiPossidetis American

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    Funny, but it looked like a statistic to me. I got told my the GA Dept of Ed once that my diagnosis of someone had never been seen by them before so it was exceedingly rare. Problems with that statement were a) DOE doesn't tract diagnoses, just eligibility under SpEd, b) how would that person know, and c) the diagnosis is not that rare.

    Trust bold statements by government clerks at your own risk. :roll:
     
  7. TITAN308

    TITAN308 :) :) :)

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    What if she used it in a home defense situation?

    (my wife is on my Trust, I'm just curious is all)
     
  8. AzB

    AzB Well-Known Member

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    If you were there? No problem.

    If you were out of town? Could be a big problem if the BATFE wanted to mess with you. That seems to make all the difference in the world with those guys.

    Keep in mind that if she uses an NFA item without federal permission that this also makes it a state offense in Georgia as NFA items are illegal without the good grace of the BATFE.

    Az
     
  9. AtlPhilip

    AtlPhilip Proud GCO member.

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    “Did you really think we want those laws observed?" said Dr. Ferris. "We want them to be broken. You'd better get it straight that it's not a bunch of boy scouts you're up against... We're after power and we mean it... There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced or objectively interpreted – and you create a nation of law-breakers – and then you cash in on guilt. Now that's the system, Mr. Reardon, that's the game, and once you understand it, you'll be much easier to deal with.”
     
  10. TITAN308

    TITAN308 :) :) :)

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    I think I'd take a jury trial on that one.

    Expectations between spouses and their belongings / dwellings is not new I don't think.
     
  11. AzB

    AzB Well-Known Member

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    One of the big reasons I prefer a trust over individual filing. The rest of the trustees are just for fun, but my wife having access is pretty important.

    Az
     
  12. phaed

    phaed Active Member

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    "your honor, this guy named AzB on the internet told me not to sweat it."
     
  13. AzB

    AzB Well-Known Member

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    Judge: "AzB! What a cool dude! Case dismissed!"

    Az
     
  14. GAfirearmsReference

    GAfirearmsReference Weapons Law Booklet

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    I wouldn't worry about a spouse being charged with possession of a gun just for being in the same home with it, even if it's not locked, or locked in a cabinet which contains other valuables or non-NFA guns that she would have the legal right to use.

    If she actually handles or uses the weapon, other than a bona-fide life-or-death situation, THEN she may be breaking the law and could be prosecuted.

    Constructive possession is difficult for the government to prove. Actual possession is a lot easier, when somebody actually puts their hands on the weapon.