Constructive Possession of Silencers and NFA Firearms…It’s Complicated and Important

By Matthew J. Bergstrom, Esq.

We run into a lot of confusion about the handling of another person’s NFA firearm or accessory and when criminal liability could possibly arise. Generally speaking, possession of an NFA firearm or regulated item by someone other than the registered owner could be viewed as an illegal transfer.

Possession, however, is not limited to the non-registered person being caught red-handed with your suppressor. The concept of constructive possession covers a broader set of circumstances encompassing many common situations for gun owners.

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