Self Defense use of Firearm by spouse at Home

**Fatboyslim** · 16-03-2017, 15:33

Hi Guys

I have read through the other threads here on the legal category and did not see anything that explained this

Hypothetical question , i am a licensed FA owner my wife is not , what would happen if she shot a suspect with my FA in self defense at home ?

Thanks for any input

**h0stag3** · 16-03-2017, 15:37

Layman's explanation from a layman. If you were home and the firearm was "under your control" and you were maybe injured, guessing not too much. But if you were not home then you would be charged with negligence because an unlicensed person gained access to your firearm. And the law is specific about who can have access etc.

**raymond38** · 16-03-2017, 15:37

I want to know also

**Grimmirg** · 16-03-2017, 15:40

http://www.gunsite.co.za/forums/show...-weapon-for-sd
http://www.gunsite.co.za/forums/show...g-my-FA-for-SD
A search revealed the above...

**Fatboyslim** · 16-03-2017, 15:43

Thanks Guys

Yes makes sense if you are not present the FA should be locked in the safe or on your person correct?

**Graham12** · 16-03-2017, 15:49

As said, the FCA is very clear in that a firearm can only be used by the licensed owner. Any one else using it must do so under the direct supervision of the licensed owner.

So on the surface of it, your wife may not use it. In fact she may not even have access to the safe where it is stored.

Should an incident happen, theoretically your wife could be charged for being in possession of an unlicensed firearm (hope I'm not out of my lane here), you could be charged for negligent storage of the firearm (which theoretically is better than your wife being killed).

**Kayback** · 16-03-2017, 15:55

Originally Posted by Graham12

As said, the FCA is very clear in that a firearm can only be used by the licensed owner. Any one else using it must do so under the direct supervision of the licensed owner.

So on the surface of it, your wife may not use it. In fact she may not even have access to the safe where it is stored.

Should an incident happen, theoretically your wife could be charged for being in possession of an unlicensed firearm (hope I'm not out of my lane here), you could be charged for negligent storage of the firearm (which theoretically is better than your wife being killed).

From what I understand the SPOUSE won't be in any trouble. Where or what the firearm was when they used it is neither here nor there. It would be legal for them to use an illegal, full auto AK if they picked one up. Justified is justified.

The problem will come in when YOU get asked how she got hold of your firearm. You stand to lose your licenses for incompetence.

AFAIU. Out of lane. Free advice blah de blah.

**Fatboyslim** · 16-03-2017, 16:00

Thanks Gents for the fast replies

the Links that Grimmirg out in clarified everything

i will try and master the search button better in future

**Graham12** · 16-03-2017, 16:02

I hear what you are saying. I'm so far out of my lane on this. Question: may you commit an illegal act to protect yourself? Gaining access to the safe is illegal. Shooting a police officer whilst committing a crime is a crime itself. You can't claim self defence when you are in the midst of committing a crime.

This is not a question of which crime or consequence is worse,rather question from a purely legal perspective

I'm sure a judge would not charge a person who did this.

**gary-t** · 16-03-2017, 16:15

Originally Posted by Kayback

From what I understand the SPOUSE won't be in any trouble. Where or what the firearm was when they used it is neither here nor there. It would be legal for them to use an illegal, full auto AK if they picked one up. Justified is justified.

The problem will come in when YOU get asked how she got hold of your firearm. You stand the stand to lose your licenses for incompetence.

AFAIU. Out of lane. Free advice blah de blah.

This also how I understand the law works.
It may be a good idea to let your wife do her competencies and apply for a joint license.

It would mean that this firearm would have to be kept in a separate safe which you both have access to. Your other firearms would have to be in another safe. It would allow you to carry a dedicated sports handgun (another grey area) and you wife would still have access to your SD firearm.