Pennsylvania Firearm Owners Association
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  1. #1
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    Oct 2006
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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
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    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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    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
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    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
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    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)
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    Default Re: Can an NFA item be used in home defense by any family member?

    Quote Originally Posted by cdi View Post
    A drop leg holster? A big clue indicating an Operator operating operationally, of course.

  7. #7
    Join Date
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    Default Re: Can an NFA item be used in home defense by any family member?

    Quote Originally Posted by Gun View Post
    And yet, if I were to die in the same shootout, my wife, executrix and rightful heir to the suppressor upon my last breath, could then retrieve the suppressed pistol and proceed to clear the room without running afoul of the law... I'm sure there's flaw in that thinking as well, but...
    Honey, sell my guns for what they're worth and not what I told you I paid for them.

  8. #8
    Join Date
    Aug 2010
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    South East of disorder
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    Default Re: Can an NFA item be used in home defense by any family member?

    Let me activate the signal and see what happens! The non lawyer in me says no. IANAL

    via Imgflip Meme Generator
    “Proclaim Liberty throughout all the Land unto all the Inhabitants thereof.

  9. #9
    Join Date
    Oct 2006
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    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 Daycrawler View Post
    Let me activate the signal and see what happens! The non lawyer in me says no. IANAL

    via Imgflip Meme Generator
    That is great!
    Honey, sell my guns for what they're worth and not what I told you I paid for them.

  10. #10
    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?

    If our superhero does respond, I'll add this. Without a trust, can a husband and wife purchase an NFA stamp as one entity? you know, since assets under that entity are joint anyway... In most cases, spouses enter into ownership as a joint entity; house, car, etc., unless they specifically choose not to. Therefore, can we assume that they could enter acquire an NFA stamp jointly? I'mm guessing no, but am curious
    Honey, sell my guns for what they're worth and not what I told you I paid for them.

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