NFA Storage.

[300LW]

In a community property state such as Texas wouldn't your spouse be co-owner of any NFA item acquired during the marraige, and therefore able to possess it?

[sillycon]

In a community property state such as Texas wouldn't your spouse be co-owner of any NFA item acquired during the marraige, and therefore able to possess it?

It's a potential legal argument, perhaps, however we're dealing with federal law which trumps state law. Unless federal law agrees with the community property situation; and even still the NFA laws may not be written in such a way to recognize it. "Community property" also doesn't mean that title rights are interchangeable between the two individuals either, which is really what NFA is about -- who has title to/responsibility for the item in question.

Were someone to argue the above, it is likely to end up being settled as case law which currently (to my knowledge) has no precedent in this area.

Personally, I wouldn't want to be a test-case. My vote is for "get a trust and don't worry about it".