Limiting access to NFA items inside the home.

[DP425]

I own a handful of NFA items and I use a suppressed on my home defense gun. I am not married, have no kids, and no roommates so my bedside gun is not kept under lock and key. But my girlfriend has started to stay over at my house more and more often, including sometimes when I am not home. Is allowing her unsupervised access to my suppressor illegal? All the other guns and nfa items are locked up in a safe that she doesn't have access to. All the items were done under individual, if that matters. If it is illegal, I assume the only two options would be to lock them up every time I'm not home or get a trust and add both of us to it. Let me know if this thread would be better suited for the legal section.

Several things:
-First, how long have you been with this girl?
-Second, what is your track record of character judgement of your significant others?
-Third, why bother with a can on your home defense firearm?

Odds of needing to use a home defense firearm are very small, and doing so once... or even several times, isn't going to make you deaf. You're likely to experience auditory exclusion in the event you do have to use it, so you won't notice the noise anyway. And finally, worst comes to worst and you for some reason get felony charges (say, voluntary manslaughter) for your self defense... doing so with a silencer tacks on a mandatory 30 years. So that takes what would have been maybe 2 years prison for shooting dead two people who broke into your home, one of which took two rounds in the back, on the front porch, and turns it into 32 years.

Now, lets throw another "what if" your way. This GF has a friend stop by. Said friend has a closet gambling addiction and raids your bedroom for items of value while GF is using the bathroom. Your silenced pistol shows up at a murder that evening... You think you'll be able to get off by just saying "it was stolen by a visitor when I wasn't home"? Not likely since you illegally left it in constructive possession with your GF.

Sure, none of this is all that likely to happen. But how likely is it that a silencer is going to make the difference between you living through a break-in, or dying during it?

[midlandshooter]

You're getting 30 years from... where?

[DP425]

You're getting 30 years from... where?

18 U.S.C. 924(c)

Provides for mandatory enhancements to criminal convictions for drug trafficking and crimes of violence. 10 year enhancement for possession of SBR/SBS and 30yr for silencer or MG.
https://www.law.cornell.edu/uscode/text/18/924#c_3

(3) For purposes of this subsection the term “crime of violence” means an offense that is a felony and—
(A) has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or
(B) that by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

[evilcoon]

18 U.S.C. 924(c)

Provides for mandatory enhancements to criminal convictions for drug trafficking and crimes of violence. 10 year enhancement for possession of SBR/SBS and 30yr for silencer or MG.
https://www.law.cornell.edu/uscode/text/18/924#c_3

[elwarpo]

If the home defense weapon is a handgun, leaving her in possession of it is also a felony. Only the registered gun owner and CPL holders can be in possession of a handgun. Since that is a crime, the suppressor use in a crime tacks on the extra 30 years.

[Roundballer]

Most of the points of view in this thread so far depend on the definition of the word "possession".

You might be surprised what that actually means, legally, especially inside ones' own home.

[supaf1y]

No it's not technically illegal but it could waddle into grey area which I would personally avoid.


Put the NFA items on a trust and put her on your trust... problem solved.

[supaf1y]

If the home defense weapon is a handgun, leaving her in possession of it is also a felony. Only the registered gun owner and CPL holders can be in possession of a handgun. Since that is a crime, the suppressor use in a crime tacks on the extra 30 years.

The whole situation is going to hinge upon the definition of "possession".

[pscipio03]

The first thing that pops in my head is her using the pistol, with or without a can, in a SD situation and you're not home. If she has her CCW, I suspect it's fine for using the pistol. Without a CCW and you're not home, I don't know if that's kosher. Could be, but not 100% sure. But I wouldn't want anyone not on my trust being able to potentially gain access to any NFA item easily when I'm not around.
As for a can on your home SD pistol... I'm just not a fan. You just doubled the length of an instrument made to be small and maneuverable. Remember reading an article by Massad Ayoob where he talked about that concept. He keeps a pair of electronic ear muffs by his nightstand instead.
Me? Not a concern. The odds of a break-in are low in the first place. Also, figure I'll have enough adrenaline running through me if it does happen I'm not going to be too concerned about noise control.
I mean I could always drive my car with the airbags 100% deployed and a cutout to see through the windshield, but that just seems overkill.

[elwarpo]

The first thing that pops in my head is her using the pistol, with or without a can, in a SD situation and you're not home. If she has her CCW, I suspect it's fine for using the pistol. Without a CCW and you're not home, I don't know if that's kosher. Could be, but not 100% sure. But I wouldn't want anyone not on my trust being able to potentially gain access to any NFA item easily when I'm not around.
As for a can on your home SD pistol... I'm just not a fan. You just doubled the length of an instrument made to be small and maneuverable. Remember reading an article by Massad Ayoob where he talked about that concept. He keeps a pair of electronic ear muffs by his nightstand instead.
Me? Not a concern. The odds of a break-in are low in the first place. Also, figure I'll have enough adrenaline running through me if it does happen I'm not going to be too concerned about noise control.
I mean I could always drive my car with the airbags 100% deployed and a cutout to see through the windshield, but that just seems overkill.

One of the biggest advantages of a can are quicker follow up shots. The can lowers recoil and the extra weight on the end lowers muzzle flip. You also are less blinded by the flash so can move on to another target quicker. Also take it from someone who lost part of their hearing from shooting without ear protection in the military, protect those ears.