Foster
United States v. Foster
Opinion
Lead Opinion
MEMORANDUM **
Sean Russell Foster appeals the district court’s denial of his motion to suppress. 1 *393 We have jurisdiction pursuant to 28 U.S.C. § 1291 .
On August 9, 2004, a Montana state court issued a permanent restraining order against Foster after he assaulted his wife. Foster was present at the hearing and received the restraining order which explicitly prohibited Foster from possessing a firearm. On March 9, 2005, Foster purchased a .357 magnum caliber revolver after indicating on Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) Form 4473 that he was not “subject to a court order restraining [him] from harassing, stalking or threatening ... an intimate partner.” Foster took possession of the firearm on March 15, 2005.
As a result of Foster’s firearm purchase, ATF special agent Gregory D. Ruehle (“Agent Ruehle”) received National Instant Criminal Background Check System documents regarding Foster and his possession of a firearm. Agent Ruehle contacted Foster to ascertain whether Foster was unlawfully in possession of a firearm and, if so, to instruct Foster how to dispose of it. After Foster confirmed that he was subject to a restraining order and in…