What is felon attempting to purchase firearm

| by Max Soni

Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek. We have over 40 years of combined experience handling federal firearms cases, including many that other firms wouldn’t touch. You probably know us from the Anna Delvey Netflix series, or our work on the Ghislaine Maxwell juror misconduct case, or representing clients in cases involving Alec Baldwin. If you’re reading this, someone close to you – or you yourself – is facing federal firearms charges for attempting to buy a gun with a felony conviction. That attempt alone is a federal crime, even if the purchase never happened.

Federal law treats attempting to purchase a firearm as a prohibited person seriously, though differently than actually possessing one. When a felon walks into a gun store and fills out ATF Form 4473, they’re creating evidence of a crime the moment they lie on that form. The background check system catches most of these attempts – in fiscal year 2017, about 112,000 firearms transactions were denied through NICS checks. What happens next depends on whether prosecutors decide your case is worth their time.

Two Different Federal Crimes

Attempting to purchase a firearm as a felon can result in charges under 18 U.S.C. § 922(a)(6) – making false statements to acquire a firearm. That’s different from 18 U.S.C. § 922(g), which criminalizes actually possessing a gun as a prohibited person. The attempt charge focuses on lying during the purchase process, the possession charge requires you actually had the gun. You can be charged with both if you successfully bought the firearm.

Section 922(a)(6) makes it unlawful to knowingly make false statements when attempting to acquire any firearm from a licensed dealer. Checking “no” on the felony conviction question when you have a felony record is a material false statement – prosecutors don’t need to prove you actually got the gun, just that you lied trying to get it.

The maximum penalty for violating § 922(a)(6) is 10 years in federal prison. Compare that to § 922(g) felon in possession charges, which carry up to 15 years. The attempt statute has a lower ceiling, though federal judges can still impose lengthy sentences depending on criminal history.

Why Most People Don’t Get Prosecuted

Here’s something most defendants don’t know – the vast majority of denied firearms purchases never result in prosecution. Of those 112,000 denials in 2017, ATF referred about 12,700 to field divisions for investigation, and U.S. Attorney’s Offices prosecuted only 12 cases as of June 2018. Twelve. Out of over 100,000 denials.

Federal prosecutors focus on cases with aggravating circumstances – violent felonies, multiple serious offenses over a short period, gang connections, or evidence the person is actively dangerous. Two-thirds of U.S. Attorney districts direct ATF to refer cases only when prohibited persons have made two or more attempts to buy firearms while prohibited. If you tried once, got denied, and walked away, prosecution is unlikely unless there are other red flags in your background.

That doesn’t mean you’re safe. ATF’s “lie and try” enforcement initiatives periodically crack down on denied purchases, and federal prosecutors have announced they’re aggressively pursuing those who lie in connection with firearm transactions. Research shows 10 to 21 percent of people with denied background checks get arrested for another gun crime – prosecutors use that data to justify increased enforcement when political pressure demands it.

The Evidence Against You

Form 4473 is a federal document you sign under penalty of perjury. Every question you answer falsely becomes potential evidence – your signature, the dealer’s records, the NICS denial, surveillance footage from the gun store. Prosecutors love these cases when they decide to bring them because the evidence is clean and straightforward. You filled out the form, you signed it, the background check came back denied, the form shows you lied about your felony conviction.

ATF investigators will interview the firearms dealer, pull your criminal history, review the 4473 form you signed. If there are aggravating factors – you have a violent felony background, you made multiple purchase attempts, you threatened the dealer when denied – they build a case file and send it to the U.S. Attorney’s Office. Some districts prosecute these aggressively, others barely touch them. Geography matters in federal firearms cases.

What Happens If You’re Actually Charged

If federal prosecutors decide to charge you with attempting to purchase as a prohibited person, you’re looking at the full federal criminal process – initial appearance, detention hearing, discovery, plea negotiations or trial, sentencing. Your criminal history becomes critical because it affects your guidelines range and whether prosecutors view you as dangerous.

Many of these cases resolve through plea agreements. Whether that’s a good deal depends on your specific situation – your prior record, whether there’s evidence of other criminal activity, how strong the government’s case is. Sentencing varies widely. First-time offenders with old non-violent felonies might get probation or short prison terms. Repeat offenders with violent backgrounds face years in federal prison even on attempt charges.

Why This Matters More Than You Think

Even if you weren’t prosecuted immediately after being denied, that denial creates a permanent record. ATF tracks denied purchases, and if you’re later arrested for anything firearms-related, prosecutors will pull up prior denial records as evidence of knowledge. You can’t claim you didn’t know you were prohibited when there’s documentation you tried to buy a gun and were denied years earlier.

Multiple denial attempts dramatically increase prosecution risk. One denial might not trigger charges, but two or three attempts show a pattern prosecutors characterize as deliberate efforts to illegally arm yourself. Research indicates 30 percent of people who fail criminal background checks are rearrested within five years – prosecutors use those statistics to argue for detention and harsh sentences when they do charge these cases.

At Spodek Law Group – we represent clients charged with federal firearms offenses throughout the country. Todd Spodek has handled cases others said were unwinnable, and our team includes former federal prosecutors who understand how these investigations develop and what evidence the government needs. Many, many, years of experience in federal court means we know which districts prosecute attempt charges aggressively and which rarely bring them, what defenses work and what arguments fail.

If you attempted to purchase a firearm and were denied, or if you’re under investigation for false statements on Form 4473, call us immediately. We’re available 24/7 because we know federal agents don’t work nine to five. The worst thing you can do is talk to ATF investigators without an attorney – they’re building a case, not trying to help you, and every statement you make can be used as additional evidence of knowing violation. Don’t explain yourself, don’t try to clarify what happened, don’t think you can talk your way out of charges.

We can help you understand whether prosecution is likely in your case, what defenses might apply, how your criminal history affects potential sentences, whether a prior conviction actually prohibits you under federal law. Sometimes defendants discover their conviction doesn’t qualify as a prohibiting offense, or their rights were restored in ways they didn’t realize. Federal firearms law is unforgiving, but experienced defense attorneys who know the statutes can make a significant difference in outcomes.