Petry

MEMORANDUM **

Vemell Petry (“Petry”) appeals the district court’s denial of his motion for judgment of acquittal. The Spokane Municipal Court imposed a restraining order against Petry on January 25, 2001. The restraining order specifically advised Petry of the restriction against possessing a firearm as long as the order remained in effect. On February 23, 2001, Petry was arraigned for violating the restraining order. At no point did Petry indicate any confusion about the status of the restraining order.

Less than two weeks later, while the restraining order was still in effect, Petry attempted to buy back a semiautomatic pistol he had previously pawned. The pawn shop required him to fill out ATF Form 4473, on which he replied “no” to a question asking whether he was subject to any restraining orders. Petry was ultimately denied the purchase after a background check, and was then arrested for making false statements in connection with an attempted purchase of a firearm.

After his arrest, Petry voluntarily admitted that he knew he was not permitted to have any guns, and that he was denied the firearm purchase because of the restraining order. Petry was convicted at trial. He…