Legal Question in Criminal Law in Washington

Re: firearms purchase (rifles & shotguns)

It is unlawful for a prohibited person to receive a firearm. While an attempt to receive a firearm might be a crime, it is not something that is proseucted. The National Instant Check System (NICS)is designed to prevent prohibited persons from receiving firearms from federal firearms licensees.

When a prohibited person is denied a transfer by NICS, one would describe the system as working as intended, and it was not intended to generate cases for prosecution.

One crime that is occasionally prosecuted after a prohibited person is denied is making a false statement on Form 4473, i.e. claiming that the purchaser has not been convicted of a felony.

It is important to understand that no all felons are prohibited from possessing firearms. There are exceptions. Additionally, a felon who has had firearm rights restored, but has not had the conviction set aside or vacated, is still a felon, but should answer "no" to the question on Form 4473 asking about a felony conviction.

Finally, you referred to rifles and shotguns in your subject line. While NICS only applies to guns subject to the federal gun control act, a person prohibited from possessing firearms under Washington state law cannot lawfully possess muzzleloaders.

If you have a prior felony but have not had your 2nd Amendment right restored, consult an attorney experienced in this area of law about pursuing such relief.

In the meantime, do not put yourself in any situation where it might appear that you have control over a firearm.