Quoted: Quoted: I would respectfully disagree with you. Only the registered owner may have access to an NFA item. You are correct that you do not have to possess it all the time, and that if it is in your residence it is in your possession. But if anyone else has access to your home (and thus your NFA items), you have given access to an unregistered person, and that is against federal law. Could anyone post US Code or Case Law to confirm this? I have seen it tossed around many times that my NFA toys MUST be in a container that my wife cannot access, but I have not actually seen any Law that states this. One of the big reasons I ask is because the State of Indiana recognizes that any property that I own also belongs to my wife. Most states recognize a married couple as ONE legal entity. I don't see how this is any different that a Corporation or a Trust. In all cases there are legal documents stating who belongs to the partnership. There is also Case Law that states pretty specifically what "possession" is. I.E. If I raid a crack house and there is 20 pounds of cocaine in the back bedroom in an unsecured container, I cannot charge the visitors in the front room with "possession". It has been tried and it has failed in court.

As far as what constitutes possession, that is a legal issue. The fact that in the crack case "it has been tried and it has failed in court" just proves to me that some prosecutors will indeed charge you and take you to court. And IMHO, if you get charged and have to hire a defense attorney, you have already lost -- in time and substantial money. An acquittal is a pyrrhic victory. I would rather conduct my affairs in a way that avoids even the chance of arrest.

It is worth noting the relevant federal definitions:

26 USC 5845:
(j) Transfer
The term “transfer” and the various derivatives of such word, shall include selling, assigning, pledging, leasing, loaning, giving away, or otherwise disposing of.

26 USC 5861:
It shall be unlawful for any person—
(b) to receive or possess a firearm transferred to him in violation of the provisions of this chapter; or
(c) to receive or possess a firearm made in violation of the provisions of this chapter; or
(d) to receive or possess a firearm which is not registered to him in the National Firearms Registration and Transfer Record; or
(e) to transfer a firearm in violation of the provisions of this chapter;

BATFE has addressed the husband-and-wife issue here: www.cs.cmu.edu/afs/cs/user/wbardwel/public/nfalist/atf_letter72.txt

As to your second question, the National Firearms Act provides
that, for any person legally to receive or possess an NFA firearm,
such firearm must be registered to him in the National Firearms
Registration and Transfer Record.  See 26 U.S.C. section 5861(d).
The Act also mandates that, for each NFA firearm not in the
possession or under the control of the United States, the National
Firearms Registration and Transfer Record must include, among other
things, the "identification and address of [the] person entitled to
possession of the firearm."  See 26 U.S.C. section 5841, as
implemented by 27 C.F.R. section 179.101.  For purposes of these
statutory provisions, the term "person" is defined as "[a]
partnership, company, association, trust, estate, or corporation,
as well as a natural person.  See 27 C.F.R. section 179.11.  This
definition does not include married couple or, for that matter, any
other dual or multi-party entities with the exception of formally
established partnerships, companies, associations, and
corporations.  Indeed, there exists no statutory or regulatory
authority that can be construed to permit the transfer or
registration of an NFA firearm, on a joint basis, to two or more
natural persons, including two natural persons constituting a
married couple.  Accordingly, such transfers and registrations
cannot be approved.

If you check the relevant United States Code (26 USC 5841), you find the following:

The Secretary shall maintain a central registry of all firearms in the United States which are not in the possession or under the control of the United States. This registry shall be known as the National Firearms Registration and Transfer Record. The registry shall include—
(1) identification of the firearm;
(2) date of registration; and
(3) identification and address of person entitled to possession of the firearm.

I don't see a spousal exception anywhere in the federal law.

Note: I am not an attorney, and this is not legal advice.

Then again, an attorney might tell to that "They can't make that charge stick -- go for it!" and even give you a break on the size of his $$$ retainer. You can help put his kids through college ... if you want to.

Me, I just read the law and the cases, and try to find ways to stay out of court, not win in court.

YMMV.

Quoted: A question for you NFA guys. I don't own any NFA items but, I would like to ask. Can you have 2 people register 1 NFA item. I have not seen this asked before. Maybe have each person fill out a form 1 or list both peoples names along with pictures and print cards(if needed) to be included. In the case above, if the husband and wife can both register the item, then they would not have to worry about separate storage and all of that. Thanks for taking the time to answer.

Once again, BATFE has addressed the husband-and-wife issue here: www.cs.cmu.edu/afs/cs/user/wbardwel/public/nfalist/atf_letter72.txt

I use a corporation for ownership of the NFA toys I'm willing to share with my wife and kids -- as corporate officers, they can possess and use the corporate assets.

I believe that trusts have the same multi-owner provisions as long as everyone is related.

Quoted: As far as I know the ATF does not have exclusive rights to search your premises just because you have NFA items. I believe they still have to have some kind of basis before they go hassling citizens, could be mistaken, but as far as I was told, they could not just show up, it might be a good idea to help them or comply, but you can make them go get a warrant (I believe, I BELIEVE, I am capable of error, and I'd wait for a second opinion.)

You're correct: NFA ownership has no bearing on your rights, including LE's right of access to your home.

But there are many circumstances under which LE can gain legal access to a home without a warrant, or get the info needed to get a warrant.

Examples: After a fire or burglary ... or, since you are in SC, the ever-popular post-hurricane check. Doesn't matter if you're home or not.

Then there is the "nosy neighbor" who sees you loading gun cases into your car and dials 911, "for the children," because in her mind, even carrying a gun in a case is "brandishing a weapon."

We've had incidents here where paramedics responding to an ambulance call have noticed the contents of the house, reported it to LE and warrants were issued.

IMHO, the bottom line is that today, your rights against search-and-seizure are as compromised as the Second Amendment.

Now with Probable Cause, and given the tedious legal nature of NFA items if they were to get the impression that your NFA items were being handled and used by people not approved or allowed to handle them, that might be different. But again, without them having a picture, that's a pretty hard thing to prove, all they can do is probably question you, anyway. Which brings up the question to me and I've pondered this before, but never voiced it, technically if you're the only person legally eligible to possess that firearm, is letting someone do mag dumps or fire an AOW or SBS at the range violation of Federal Law? If your present, but someone other than yourself is handling it and they wanted to bust you, could they? Thanks again.

You can let anyone* handle or shoot your NFA items as long as you are present -- that way, they never leave your control, and thus remain in your possession. Just don't wander off to the clubhouse, or make a trip to the 7-Eleven, and leave your NFA toys on the line.

The * is the exception that applies to all firearms, not just NFA: You cannot let known convicted felons shoot, or even handle, a firearm. By law, they are not supposed to even touch a firearm.

The "known" part is important because you are not required to do Brady checks before letting others handle or shoot your guns. On the other hand, if your loser brother-in-law just finished a five-year stretch at San Quentin, you should reasonably be aware of that fact, and deny him access to the firearms.

HTH.

Quoted: Quoted: As far as "what happens when I die," your NFA toys become part of your estate, and legally may be possessed by the executor of the estate pending BATFE transfer to the heirs or sale to a third party. If the executor is your wife, she can keep possession of them pending the transfer. But she should not have access while you're still breathing. That's not what I meant...   if I'm supposed to have it locked away as in she doesn't know the combination....  how's she supposed to get it out if I die unexpectedly?

BATFE would probably say: She can have a locksmith drill the safe.

A less expensive option would be to give the combination to the lawyer who drafted your wills (you do have a will, right? All NFA owners should.), to store with his copy. As your legal rep he can have the combo; besides, he does not have access to your house (and thus the safe itself).

And as noted above, while it may not meet the letter of the law, it would be difficult to prove your wife knows the combo ... unless she also stores her jewelry, etc., and regularly accesses the safe's contents. In that situation, it would be best to have two safes -- or else put your NFA items inside a locked hard case and store that in the safe. If/when you die unexpectedly, she can just have someone cut open the hard case.

HTH.

Quoted: How do gun Indoor Gun Ranges rent Machine guns?? If they are not supposed to be handed over to someone who is not the owner... I see 18 y.olds renting MG's all the time..

See my explanation, four posts above yours in this thread. As long as the owner is physically present, he can let anyone shoot his MGs. If an MG is registered to a range, as long as it does not leave the premises and there is a range officer within sight, there is no problem.