Unpossible
So Danny Westneat is all upset that some guy who used guns to kill people had guns. He notes the courts took the cop killers car away but not his guns. And some news source points out that the shooter owned guns legally. I’m not sure how he owned them legally since he was the subject of a restraining order, as mentioned in the same piece. And also, apparently, convicted of domestic violence. Again, that would make it illegal for him to own guns. The article adds:
Despite his violent past, Crable was still able to own guns. According to the Pierce County Sheriff’s Office, he was not a convicted felon and could possess weapons.
In the numerous restraining orders, his family never asked for his guns to be taken away.
Sheriff is wrong. The Lautenberg Amendment is pretty clear.
December 23rd, 2009 at 11:06 am
Of course, Lautenberg is a piece of crap anyway. As it stands, if for some reason my wife got angry and swung at me and I blocked her from hitting me, and she got a bruise on her arm, then my 2A rights go bye bye.
December 23rd, 2009 at 11:16 am
I can’t speak for Washington State’s laws, but in Texas there is a very large difference between restraining orders and protective orders.
A restraining order in Texas is a civil document drawn up by a private attorney and is not enforceable by any law enforcement agency. It does not actually prohibit the subject named from doing *anything* and the only recourse is to bring a civil suit if the subject violates the terms. It is basically worthless when it comes to a legal sense of protecting oneself.
A protective order is requested by a victim after a violent act, usually domestic violence, drawn up by law enforcement personnel, and approved/issued by a criminal court judge. This order is enforceable at all times, even if the victim agrees to meet with the subject and all is peaceful. If the PO is in effect, the subject gets arrested for being in violation of it. This is the order that automatically removes the ability to possess firearms.
So not knowing anything more about this individual’s background, if he had not been convicted of any domestic violence and was only under a restraining order (again assuming WA and TX are similar) he could very well have been legally be able to possess firearms.
December 23rd, 2009 at 12:09 pm
Wow, he came right through that restraining order like it was made of paper!
December 24th, 2009 at 6:22 pm
Depends on whether the restraining order meets the requirements of Lautenberg. Not all of them do.