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Dad of Washington high school shooter to appeal prison sentence

SEATTLE -- A defense attorney says he plans to appeal after the father of a teenager who used his dad's gun to kill classmates at a Washington high school was sentenced to two years in prison on gun charges.

Lawyer John Henry Browne said after the hearing Monday for Raymond Fryberg that he was pleased the federal judge handed down a sentence that was nine months shorter than prosecutors requested.

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But Browne says he will appeal because he doesn't think Fryberg "needs a day in jail." Fryberg was convicted of illegally owning six firearms, including the gun his 15-year-old son, Jaylen, used to kill four classmates and himself in 2014.

CBS affiliate KIRO reports that a domestic violence protection order filed by Fryberg's former partner in Tulalip Tribal Court should have kept him from owning a gun. But a record of the 2002 order never made it into any state or federal criminal databases used by firearms dealers conducting background checks during gun purchases.

The case revealed flaws in the way federal authorities and tribal governments share information and led to 10 American Indian tribes gaining access to national criminal databases, KIRO reports. The tribes, including the Tulalip tribes in Washington, can now conduct thorough background checks and add criminal records to the databases.

Prosecutors say Fryberg lied on a form he filled out when he bought the guns to hide the restraining order. His lawyers said he didn't know he was prohibited from having firearms.

A jury agreed with prosecutors, who were asking for a 33-month sentence. Fryberg's lawyers sought probation.

Browne said Fryberg was never served with the restraining order, KIRO reports. Fryberg was allowed to go free after the hearing and has 30 to 45 days to report to prison.

Fryberg acquired nine firearms between November 2012 and July 2014, prosecutors say.

Fryberg's son used one of those guns at Marysville Pilchuck High School north of Seattle to kill four classmates and seriously injure another before turning the gun on himself.

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