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April 12th, 2018, 09:46 AM #1Super Member
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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.
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April 12th, 2018, 09:55 AM #2Senior Member
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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.
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April 13th, 2018, 03:48 AM #3
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
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April 13th, 2018, 06:36 AM #4Grand Member
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Re: Can an NFA item be used in home defense by any family member?
Perhaps a reason for a trust?
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April 13th, 2018, 06:53 AM #5Super Member
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Re: Can an NFA item be used in home defense by any family member?
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.
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April 14th, 2018, 05:56 PM #6
Re: Can an NFA item be used in home defense by any family member?
https://www.guntrustlawyer.com/2009/...on-nfa-tr.html
and another discussion on spouses and NFA goodies; https://www.northwestfirearms.com/th...-items.182505/
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April 14th, 2018, 06:14 PM #7Super Member
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Re: Can an NFA item be used in home defense by any family member?
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.
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April 14th, 2018, 06:35 PM #8Grand Member
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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 GeneratorAggies Coach Really ??? Take off the tin foil bro.
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April 14th, 2018, 06:50 PM #9Super Member
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April 14th, 2018, 06:53 PM #10Super Member
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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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