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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
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Experience:  10+ years defending Misdemeanor and Felony cases.
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I am worried of being prosecuted for purchasing firearms

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I am worried of being prosecuted for purchasing firearms when I didn't know I had a felony, I am in the process of restoring my rights, but I am still extremely afraid of this.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Good morning. How were you not aware, of the felony? Was your application denied? Did you ever obtain the firearm?

Customer: replied 1 month ago.
I was arrested when was a minor and didn't realize it stayed with me for life. The applications were approved and I had purchased frearms, but have since legally transfered them out of my posession.

Thank you for the reply. It is odd that you would have been approved and this would have not appeared when the background check was done, if it was an issue. It may have been as a result of you being a minor at the time and this not preventing you from doing so, since the felony was not obtained when you were an adult. However, if you no longer have them and sold or transferred them and something were to happen, you would have to show and explain the situation and defend this. The goal would be to show and support that you did not have the intent to buy this as a felony and thought that since you were a minor, that it would not prevent you from doing so and since the background check did not reveal this, it was not an issue. Moreover, once you found out, you disposed of the firearm at the time. Of course, they will want to know and find out how you even knew of this after the fact and not before, since you would not have tried, if you remembered.

Customer: replied 1 month ago.
The way I knew was because I was sent notice a revocation of ccp, by local Police dept. As well as a notice to legally transfer all firearms, if I had purchased any during the time I still had ccp. These I have done. Included in the letter I recieved were instructions on how to restore firearms rights.

If you did what was requested and asked of you and can restore your gun rights, you could own a firearm, down the road. If you complied with their requests, they may not proceed and take any action, so keep everything for documentation purposes.

Customer: replied 1 month ago.
Thank you!

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

Customer: replied 1 month ago.
Can I face charges for making a mistake with the back ground checks even after I have been fully compiaint? I am intertested with knowing about the statutes of limitations with regards ***** *****?

What State are you located in again?

Customer: replied 1 month ago.
Washington

3 or 5 years, depending on how this would be filed. While it was a mistake, that is not necessarily a legal defense but could be a mitigating factor, for the court to consider. What you shared above, would seem reasonable ( i.e. thinking that a felony that you received when you were a juvenile would not prevent you from buying a firearm as an adult) but that may be something if this was an issue, for the State to consider if you wanted to try and work out a plea deal.

Customer: replied 1 month ago.
I can be arrested for this still?

Yes, technically you could if this was investigated and pursued. I know it is not ideal but the longer this goes without being contacted or hearing anything, the better.

Customer: replied 1 month ago.
Could I go to prison? For how long?

Unlawful Possession of a Firearm in the First Degree:

According to RCW §9.41.040, a person commits the offense of unlawful possession of a firearm in the first degree if he owns, has in his possession, or has in his control any firearm after having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any serious offense, which include: any crime of violence, child molestation in the second degree, leading organized crime, promoting prostitution in the first degree, rape in the third degree, drive-by shooting, sexual exploitation, vehicular assault by a person under the influence, vehicular homicide by a person under the influence, any other felony with a deadly weapon verdict, among others.

Penalties for Unlawful Possession of a Firearm in the First Degree in Washington:

Unlawful possession of a firearm in the first degree is a class B felony, which RCW §9A.20.021 defines as punishable by up to ten years in prison, a maximum fine of $20,000, or both.

Unlawful Possession of a Firearm in the Second Degree:

According to RCW §9.41.040, a person commits the offense of unlawful possession of a firearm in the second degree if it is not a first degree offense, but if he owns, has in his possession, or has in his control any firearm:

  1. After having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any the following felonies: assault in the fourth degree, coercion, stalking, reckless endangerment, criminal trespass in the first degree, or violation of the provisions of a protection order or no-contact order restraining the person or excluding the person from a residence; OR
  2. During any period of time that the person is subject to a court order.

Penalties for Unlawful Possession of a Firearm in the Second Degree in Washington:

Unlawful possession of a firearm in the second degree is a class C felony, which RCW §9A.20.021 defines as punishable by up to five years in prison, a maximum fine of $10,000, or both.

Customer: replied 1 month ago.
Ok thanks

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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