NICS Question

[RottenApple]

Not really sure where this belongs, but I'm curious. I've seen lots of info regarding prosecution & conviction (or, rather, the lack of) persons who fail the NICS. But is it a crime for someone prohibited from owning a firearm (felony conviction, adjudicated mentally unstable, etc) to attempt to legally purchase a gun, or only from owning/possessing one? If the first, does anyone know the law or statute that makes it a crime?

[RoyGBiv]

I am not sure, but I'll put my money on the following...

If you are a "prohibited person"....
.... Attempting to buy a firearm from a dealer is NOT illegal in and of itself.
Lying on the 4473 IS illegal.
Possessing the firearm after you bought it from a dealer is illegal.
Buying from a private seller (by either misrepresenting your eligibility or otherwise) when you know you're a prohibited person is illegal.

[jimlongley]

[RottenApple]

I am not sure, but I'll put my money on the following...

If you are a "prohibited person"....
.... Attempting to buy a firearm from a dealer is NOT illegal in and of itself.
Lying on the 4473 IS illegal.
Possessing the firearm after you bought it from a dealer is illegal.
Buying from a private seller (by either misrepresenting your eligibility or otherwise) when you know you're a prohibited person is illegal.

Good points. I forgot about the falsification of a government document (lying on the 4473). So we'll modify the question a bit. Lets assume that the person did not knowingly lie on the 4473. Maybe they were one of those vets who "gave up" their RKBA when the applied for certain benefits and didn't realize it.

[RoyGBiv]

Then I would assume (you know what happens when you assume ), since you filled out the 4473 truthfully to the best of your ability/knowledge....

if you are rejected, you should appeal. No foul. Nothing illegal about finding out you are denied. In some cases, applying for NICS check is the only way to find out your current status. (long ago disposed arrests, long ago rescinded/expired restraining orders (divorce can be unpleasant), etc)

If you are approved, you are approved. Happy shooting.