I have been told that with your name only on the Form 4 even if you went with a trust and her name is listed as a trustee or will inherit it after you pass away, if you keep it locked up in your safe and your wife has access to that safe also you are in viloation of the law. You would have to keep it where only you have access to it. So I have to buy a small locked box to keep it in inside the bigger safe if she has access to it...go figure, I hope that I am wrong and if anyone else out there can tell me if I am correct or not I would appreciate it.

I really wouldn't bother with going that far. It is your house. I wouldn't keep it at anyone else's place, but locking it away from your wife is a bit much. Still, I don't know if the law is that specific about it. I sure as hell don't do that.

If you go strictly by the law, if they the NFA item is owned by you personally, and not a trust, you are the only person that can take possession of the item. No one else, not even you immediate family can access the item.

As far as the locked box, the item can not be movable. I asked the NFA about sending my SBR to Bruce via regular mail rather then flying with it. They said even though it is locked, it can still be moved around, thus someone else beyond the common carrier would be able to take possession of the item.

If it is in a trust, all of the trustees can legally take possession of the item. So as long as your wife is a trustee it's not an issue.

But this is a strict interpretation of the law. I always say, if you have to actively worry about little things like this in your home, you should probably move the meth lab out of your living room.

So I take it that if you go to sleep with it (gun w/ silencer) laying on your nightstand that you are breaking the law if anyone else lives in the house?

quote:

Originally posted by smschulz:
So I take it that if you go to sleep with it (gun w/ silencer) laying on your nightstand that you are breaking the law if anyone else lives in the house?

Maybe, it's not what the law says, it's what lawyers make the jury believe the law says.

But I am not a lawyer, I think that it would be a stretch for the BATFE to make that case, let alone find out that it happened.

I guess that's one way to keep the wife out of your safe. If she can't see inside it, she can't count the guns now can she?!

quote:

Originally posted by smschulz:
So I take it that if you go to sleep with it (gun w/ silencer) laying on your nightstand that you are breaking the law if anyone else lives in the house?

Why..... why.... why?

Hypothetical question, I hope?

quote:

Originally posted by smschulz:
So I take it that if you go to sleep with it (gun w/ silencer) laying on your nightstand that you are breaking the law if anyone else lives in the house?

As long as you are present with the weapon, there is no violation by another person being near or actually handling it, unless they're a felon. It's when another individual has access while NOT under your immediate supervision, that a violation would occur.

quote:

Originally posted by xcpd69:
As long as you are present with the weapon, there is no violation by another person being near or actually handling it, unless they're a felon.

Actually ANY of the disqualifying events that would not allow you get to a firearm when filling out a fed form 4473.

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