Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Oct 2006
    Location
    Right next door, Pennsylvania
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    Default Can an NFA item be used in home defense by any family member?

    I don't know where I come up with these scenarios. No trust, just individual NFA ownership: suppose I have an NFA item in my nighstand, but I'm away from home. Can my wife use the NFA item to defend herself? I'm reminded of HAM radio licensing, where anyone can use a HAM radio in an emergency situation, protection of life, etc. and am wondering if the same is true for an NFA item.
    Honey, sell my guns for what they're worth and not what I told you I paid for them.

  2. #2
    Join Date
    Mar 2016
    Location
    Eastern, Pennsylvania
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    Default Re: Can an NFA item be used in home defense by any family member?

    I am not a lawyer, but looking at the Verbiage of NFA law, one cannot be in possession of NFA items unless the person who the item is entrusted to is present. So you'd have to be home when it was used.

  3. #3
    Join Date
    May 2007
    Location
    Chambersburg, Pennsylvania
    (Franklin County)
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    53
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    21474864

    Default Re: Can an NFA item be used in home defense by any family member?

    Assuming one were charged, it seems like a good opportunity for a "defense of necessity."

    https://lawshelf.com/courseware/entr...ity-and-duress

  4. #4
    Join Date
    Jan 2013
    Location
    Berks County, Pennsylvania
    (Berks County)
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    Default Re: Can an NFA item be used in home defense by any family member?

    Perhaps a reason for a trust?

  5. #5
    Join Date
    Oct 2006
    Location
    Right next door, Pennsylvania
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    Default Re: Can an NFA item be used in home defense by any family member?

    Quote Originally Posted by esh21167 View Post
    Perhaps a reason for a trust?
    Thanks. Yes, but perhaps it's the ONLY good reason for one. And it's hard to justify the extra BS and time creating and using a trust. I'm in no rush, but it sounds like an NFA stamp application, on behalf of a trust, take an extra 2 or 3 months. And that doesn't include the time I'll take writing one up, coordinating the Mrs to get to a kiosk, etc. And other than this one, low probability, scenario, I can't think of another good reason for a trust.

    I'll read through defense of necessity.
    Honey, sell my guns for what they're worth and not what I told you I paid for them.

  6. #6
    Join Date
    Dec 2010
    Location
    Erie, Pennsylvania
    (Erie County)
    Posts
    6,586
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    Default Re: Can an NFA item be used in home defense by any family member?

    Quote Originally Posted by Aggies Coach View Post
    Cause white people are awesome. Happy now......LOL.

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