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  1. #1

    Default Wifey uses your gun for SD

    Hi

    What would happen in this scenario? :-\

    We have 2 handguns in my safe, one belongs to my wife & the other is mine. She is at home, alone & there are badguys breaking in, she goes to the safe to get her gun but grabs mine,they come into the house & she kills two BG's. What would happen to her for using my gun?

    Would I be charged for negligence?

    Can we share keys to the safe? ???


    Teez


  2. #2
    Member abhm's Avatar
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    Default Re: Wifey uses your gun for SD

    ok so here is the thing, but check this with a lawyer, I am not one!

    So you need to use a lawful firearm, which is in your lawful possession which in this case it is right?, my wife and I share a safe, when they did my safe inspection they had no problems with that at all.

    So the situation is your wife is in fear of her life she takes a firearm which though registered to you she has a reasonable ability to access she then uses it in SD. the use part is simple assuming life threatening conditions that would be the same as if you had disarmed a perp and used their own weapon or a knife or whatever, the access part is an issue and my experience has indicated no problems with this. I strongly suggest you get wifey on a good course most rikki tik so she knows what to do!
    I am studying an awesome brand of leg fighting which was inspired by dung beetles and I think my brand of Kraft Manure is superior to all other styles ever invented. Furthermore I challenge all other manurists to a rolling contest where we shall establish whose manure ball is the biggest! I shall call it Honest Kraft Manure and declare it superior to all other brands of manure and will tell you that I have claimed the lineage directly to Imshi the great Dragon Kru Master Beetler who invented manuring, by gathering all manure from different animals together and making it work as the worlds most effective fertilizer. I proved myself by being members of not one but three super elite special gardening departments who were responsible for spreading manure to combat weed infestations!

  3. #3
    Moderator SSP's Avatar
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    Default Re: Wifey uses your gun for SD

    I don't see a problem with sharing keys to a safe if both are competent. Strictly you could even use a weapon which is in your possession unlawfully for SD, this will not prevent you from raising private defence as a defence to a murder charge. Although you will still be charged with unlawful possession and your case will be scrutinised far more closely.

    To stop your partner or child, for that matter, from defending you or themselves with your firearm would create a legal absurdity as they would be entitled to hit the attacker with a spade or rolling pin or whatever other weapon is to hand in order to stop the attack, so why not the perfectly good firearm?
    Cattle die, kindred die, every man is mortal:
    But I know one thing that never dies,
    the glory of the great dead.
    Havamal

  4. #4
    Member abhm's Avatar
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    Default Re: Wifey uses your gun for SD

    SSP you realized we just agreed AGAIN this is way scary!
    I am studying an awesome brand of leg fighting which was inspired by dung beetles and I think my brand of Kraft Manure is superior to all other styles ever invented. Furthermore I challenge all other manurists to a rolling contest where we shall establish whose manure ball is the biggest! I shall call it Honest Kraft Manure and declare it superior to all other brands of manure and will tell you that I have claimed the lineage directly to Imshi the great Dragon Kru Master Beetler who invented manuring, by gathering all manure from different animals together and making it work as the worlds most effective fertilizer. I proved myself by being members of not one but three super elite special gardening departments who were responsible for spreading manure to combat weed infestations!

  5. #5
    Moderator SSP's Avatar
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    Default Re: Wifey uses your gun for SD

    Yup. People are going to start to talk.
    Cattle die, kindred die, every man is mortal:
    But I know one thing that never dies,
    the glory of the great dead.
    Havamal

  6. #6

    Default Re: Wifey uses your gun for SD

    I do not agree fully with both of you. Forget about the competent part for a moment. As far as I understand the FCA you and you alone is suppose to have access to your firearm. You are not allowed to share a safe unless the firearm in the safe is on a shared license. ABHM I know we briefly discussed this issue but I do not agree that they did not have a problem with you and your wife have access to your safe. The fact that she is in the police does not change a thing. If she is not a private firearm owner she is not 'competent' either as the police is not subject to the same competency as a personal capacity firearm owner. Yes, I agree with SSP that you can use a illegal firearm for a legal SD action and it will be OK except the part that the illegal firearm possession will be a separate issue. So my view is that the SD action by your wife will be OK but there could be other problems that arise from this. Yes, I can store your firearm in my safe legally when the required documents are in place and thus I can have legal access to your firearm in my safe but I may not use it except if the need present itself and I use it in SD. I am covered both way's but in the situation as posed in the question....I think that there can be problems that arise from this.

    When we bring the competent part in...it does not change the picture as you are still suppose to be the only person in possession of your firearm except if the required documentation is in place.

    This is one of the problem areas. Remember previously you could borrow a firearm from someone and use it on a authority letter. This was stopped as what was happening is that criminal elements that could not obtain a firearm due to their criminal record, went to the wife/husband and got them to purchase a firearm and then use it under the authority letter. The new FCA is also attempting to stop such a situation and part of that is that only you are suppose to have access to your firearm.

    So gents...I do disagree with you...

  7. #7
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    Default Re: Wifey uses your gun for SD

    I think Corné is correct. This may be a "better to be judged by twelve than carried by six" situation.

  8. #8

    Default Re: Wifey uses your gun for SD

    Corne, so what happens if my wife & I own firearms. Do need two safes?



  9. #9
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    Default Re: Wifey uses your gun for SD

    I agree with Corne, I think legally you can not both have access to the same safe. I wouldn't be surprised if the police who inspect the safe don't ask about that, they didn't ask me either. Then again, they didn't even check if the safe was bolted down the first time they came around. They probably consider it more your responsibility then theirs to insure you are legally covered.

    But then again.. who would deny their wife access to a firearm if the SHTF. In my very unprofessional opinion the law of common sense would prevail in a self defense situation. I ain't a lawyer, and I bet if you found one they might have more insight on that.

  10. #10

    Default Re: Wifey uses your gun for SD

    Quote Originally Posted by Teez
    Hi

    What would happen in this scenario? :-\

    We have 2 handguns in my safe, one belongs to my wife & the other is mine. She is at home, alone & there are badguys breaking in, she goes to the safe to get her gun but grabs mine,they come into the house & she kills two BG's. What would happen to her for using my gun?

    Would I be charged for negligence?

    Can we share keys to the safe? ???


    Teez

    2nd Scenario

    My wife does not own a firearm.
    I am away for the weekend & leave my gun in the safe, she has spare keys to the safe (Because she keeps her jewellery there). She is attacked by BG (above) & uses firearm in SD.

    What then?

    Teez

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