SBR and Suppressor use by spouse?

[Bulldog60]

I am just getting info on a new build. I am going to go with a SBR with a Suppressor. I don't know how to find out if I build a Suppressed SBR and my wife uses it in a defensive situation at home what would the ramifications be if any? The only reason I would build this is for home defense but if she can not use it I will not build it. I wouldn't even know how to search for this using the search button so I am asking you NFA guys and or gals.

[Gunfixr]

I don't know about defensive use, but I can say about possession.
If you have it personally on a Form 1 or Form 4, then it is yours, only and singly. You must have control of it 24/7/365.
She can have it and use it, so long as you have final control, ie, are standing right there. If you are gone, and she is using it, both you and she are technically guilty of an illegal transfer.
However, if you have it on a Trust, and both you and she are Trustees of that Trust, then both you and she can individually possess the weapon independent of each other.

ETA: Provided that both you and she can legally possess firearms.

[Bulldog60]

I don't know about defensive use, but I can say about possession.
If you have it personally on a Form 1 or Form 4, then it is yours, only and singly. You must have control of it 24/7/365.
She can have it and use it, so long as you have final control, ie, are standing right there. If you are gone, and she is using it, both you and she are technically guilty of an illegal transfer.
However, if you have it on a Trust, and both you and she are Trustees of that Trust, then both you and she can individually possess the weapon independent of each other.

ETA: Provided that both you and she can legally possess firearms.

Thanks for your reply. I asked about a trust at my local dealer and he stated that the Feds are working on killing Trusts. I did read on this forum about Trusts vs LLC or personal ownerships. I will try to find out more info on someone that can set up a trust in my area, thanks.

[m1ajunkie]

Put together a trust, and you can both possess assuming you are both trustees.

[DeltaSierra]

Thanks for your reply. I asked about a trust at my local dealer and he stated that the Feds are working on killing Trusts. I did read on this forum about Trusts vs LLC or personal ownerships. I will try to find out more info on someone that can set up a trust in my area, thanks.

Your dealer doesn't know what he is talking about...:rolleyes:

Contact David Goldman of the Apple Law Firm and have him set up a trust for you. These guys really know their stuff, and will make sure that everything is done correctly, the first time around....

http://www.jacksonvillelawyer.pro/lawyer-attorney-1315473.html

[Gunfixr]

Trusts are easier than an LLC, as the LLC requires yearly maintenance, with renewals, fees, etc. A Trust is one time, and the property page is simply updated every time you add something to it.
Be careful on how the Trust is done, and make sure it is done by someone licensed in your state. Each state has some peculiarities about Trusts, and you do not want the state to later declare your Trust null and void, and suddenly find yourself in possession of illegally obtained NFA items.

There are rumors that ATF wants to kill the Trust loophole, primarily because a few felons have tried to use them to get around their prohibition on owning firearms. There are also rumors that the LEO signature requirement will come off the forms. This is the primary reason many go the Trust route, as the LEOs simply refuse to sign, as a sort of defacto ban on NFA. Now, with the background checks that can be performed, the LEO signature is moot, as it originally caught local-type problems that a Fed background check wouldn't find. Now, everyone is linked, so if you get drunk and beat your wife every Friday night, and the locals come pull you off her, the Feds will find out.

[Bulldog60]

Thanks again for the info guys. I will check on a trust. Now off to work for me:(