Education | Law | National

Protection order in Tulalip Tribes case wasn't shared with state

Friday, April 3, 2015

The Tulalip Tribes came together after the school shooting last October. Photo from Tulalip News / Facebook

A member of the Tulalip Tribes of Washington was able to purchase firearms despite being under a protection order because the state never knew about his domestic violence case.

The tribal court issued a permanent order against Raymond Lee Fryberg Jr., 42, in 2002. But the information was never shared with the state so it never made it to the National Instant Criminal Background Check System.

As a result, when Cabela’s, a privately-owned company with a location on the reservation, ran a check on Fryberg, nothing came up. He was able to buy five firearms -- one of which his late son used in a fatal school shooting last October.

The Cabela's Tulalip, located on the Tulalip Reservation in Washington. Photo from Cabela's

"This already has and is going to continue to cause a lot of conversations and a review of current statutes and agreements with the tribes to ensure that there are no gaps in the system," a county clerk told KUOW.

The Tulalip Tribes are now sharing protection order information with the state, The Seattle Times reported. Separately, the FBI has opened NICS to access by tribal law enforcement agencies although the change in policy does not address whether tribes can submit information to the database.

According to a complaint filed in federal court, Fryberg marked "no" each time he bought a gun when he was asked if he is subject to a domestic violence protection order. However, his attorney appears to be arguing that the tribal court never specifically told him he couldn't acquire firearms.

Fryberg was ordered to be released from federal custody on Thursday. He is not allowed to own firearms or be in a home where firearms are present, the Times reported.

The October 24, 2014, shooting at the Marysville-Pilchuck High School claimed the lives of four young people and another was seriously wounded by gunfire. The shooter turned the gun on himself.

Get the Story:
'Gap In the System' Allowed Purchase Of Gun Used In Marysville School Shooting (KUOW 4/3)
Judge allows release of father of Marysville school shooter (The Seattle Times 4/3)
Judge orders father of Marysville shooter to be released (KING 5 News 4/2)
Fryberg bought gun illegally thanks to lack of reporting from tribal court (KIRO 4/2)

Federal Register Notice:
National Instant Criminal Background Check System Regulation (November 20, 2014)