Posted on 10/04/2015 8:22:18 AM PDT by marktwain
Raymond Fryberg was found guilty of illegal possession of firearms by a jury in a federal trial. The case serves as a warning for those who fail to contest domestic violence restraining orders. The restraining order used to convict Fryberg was granted in 2002. It was a permanent restraining order. The order was requested by Fryberg's former girlfriend, Jamie Gobin. The two have a child in common.
Originally, the restraining order was temporary. There was a hearing to determine if the restraining order should be permanent. Records show that Fryberg was served notice of the hearing, but he never showed up, and a permanent restraining order was granted. Thus, even though Fryberg was never convicted of a crime of domestic violence, the restraining order permanently prohibited him from owning firearms.
To complicate the matter, the restraining order did not show up in Federal background checks, because the tribal court had no requirement to submit it, and had not done so.
Browne said the problem started with the protection order, which was sought by Fryberg's former girlfriend, Jamie Gobin.Fryberg's attorney claims that Fryberg did not know did not know he was prohibited from owning guns. From kirotv.com:
A judge granted Gobin the permanent order because Fryberg never appeared at a hearing to contest it. However, the defense contended Fryberg was never notified about the hearing.
The officer who claimed to notify Fryberg was married to Gobin's sister and reported serving the notice at a nonexistent address, Browne said.
Browne says the protection order never made it clear that Fryberg couldn't own a gun. He even showed KIRO 7 a concealed weapons permit from the state dated Jan. 14, 2013, which was issued after the protection order.An important point in the case was that tribal court records showed that Fryberg plead no contest in 2012 to violating the restraining order. From seattletimes.com:
In 2012, Fryberg was found in violation of the order and fined $200 and placed on probation.Here is the court document showing that Fryberg was convicted of violating the protection order.
Are you subject to a court order restraining you from harassing, stalking, or threatening your child or an intimate partner or child ofsuch partner? (See Instructions for Question 11.h.)The question is one of 12 questions about the eligibility of a person to purchase a firearm on the 4473 form. Prosecutors emphasized that Raymond Fryberg checked "No" and signed the form.
I heard the Oregon CC shooter`s Brit dad once got sued for grabbing men`s BUTTS..?
Weird rumor?
Laws? We don’t need no more stinkin’ laws. The morons won’t read or enforce the ones they have.
Anything that starts with “I heard” usually is.
Those laws are so wrong.
It’s hard to imagine that a Native Alaskan wouldn’t contest the order if he’d known about it. IIRC, it was the parents who bought the kid the gun used in the shooting.
I should have mentioned it was in Washington State.
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