Possession of Suppressors Under 18/21?


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MtnCreek
February 19, 2013, 12:51 PM
Is there a way that my children could be in possession of NFA items (suppressors specifically) without me supervising?

Let’s say daughter (under 16) wanted to carry a suppressed firearm walking the back side of our property? Where does the line get drawn? Do I have to be within sight? Within reach? On same property?

Would an NFA trust allow my children to possess NFA items without my supervision? Assuming they (all under 16) could be named in a trust, could they carry a suppressor on a camping trip or to a friends home?

Thanks!

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MtnCreek
February 20, 2013, 10:11 AM
BTT w/ price drop. :)

After a little reading, I think a trust would do nothing here because of their age. Correct?

Can someone point me towards some info on who/what/when/where someone can use an NFA item I own? Also, per Fed law, does the 'who' being under a certain age make a difference?

Thanks!

Charger442
February 20, 2013, 12:33 PM
this is just my speculation, and is not legal advice, but ill take a stab at it.


i would think if you are still on the property as well, your daughter might be alright with it on another part of your property. i used to apply this to handguns when i was underage, but that's different than NFA items. i don't see how there could be an issue if she is on your property and so are you.


i am almost certain that her having the item, even if she is a benefactor on the trust, is not legal without you "present" or even on the same property. Reason being is that the trust doesn't transfer ownership until you pass and/or she turns 18, or so the language in a trust should indicate. and as a benefactor she doesn't have the right to access of the item like another trustee would have.

Telekinesis
February 20, 2013, 02:19 PM
I'm not a lawyer, but everything I've read regarding age of possession points to 18 being the minimum age. It has all been in regards to purchasing and manufacturing, but I would expect it to be the same age requirements as age of possession.

As far as them possessing it, it should fall under the same rules as if you were to let someone at the range try it out. You need to be in control of the weapon, meaning you need to be right there with them. "On the property" is too vague to be a reasonable definition. For one person, the property could be the boundaries of an apartment, for another it could be a ranch of over 1000 acres.

Practically speaking, you likely won't have any problems if they come into contact with it while inside your home, but I wouldn't let them have complete possession outside your (or another trustee's) presence at the range. I would put your kids on the trust once you get a chance, even before they turn 18. They won't be able to possess it until they turn 18 but if they are already on the trust, they can possess it the moment they turn 18 rather than having to amend the trust at a later date.

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