Expert: Robert P. Firriolo - 7/27/2011

Question
Hello,

I understand that legal questions can be complex given individual circumstances.

I am a convicted felon who is prohibited from owning any device which fires a projectile (Wa state).

My wife owns a hand gun and I am concerned because we live in a high crime neighborhood. Will the law look at me any differently if we have an intruder at night and I grab the gun and shoot the intruder and self defense is later proven justified?

Or am I going to face a major fire arms violation that would put me away for years?

Thank you

Answer
Your subject asks about non-lethal self-protection, yet your question asks about picking up a gun and using it, which is deadly (lethal) force. Despite this confusion, I will attempt to give you a general answer to the issue you raise.

Under federal law, a convicted felon may not possess firearms or ammunition. A person who allows a convicted felon access to a firearm could face criminal charges.

It is impossible to give a specific answer to such a general question, but it will most likely be irrelevant in such a prosecution as to why a convicted felon possessed a firearm, as long as the felon knowingly took possession of the firearm. The possession itself is a crime, regardless of the purpose of the use. Whether a prosecutor will decline to prosecute under any given set of circumstances (such as emergency self-defense, using a spouse's firearm) is impossible to answer as it is too speculative.

Any analysis of the application of Washington state laws is beyond the scope of this forum. You would need to consult a local attorney.