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Waffle House shooting: ATF agent says shooting suspect's father may have violated federal law

How Reinking managed to reacquire weapons after Illinois law enforcement determined he was not legally allowed to possess any is being investigated.

By the time Illinois law enforcement showed up in August 2017 at the Reinking family business, then-28-year-old Travis Reinking had already been arrested outside the White House and previously threatened people with an AR-15 rifle.

The Tazewell County Sheriff's Office went to the crane company owned by Reinking's father to talk with Travis and take away his guns.

They took the guns from Travis, but immediately gave them to Reinking's father, according to records.

"(The father) was advised that he needed to keep the weapons secure and away from Travis. (The father) stated he would comply," reads a report from the sheriff's office.

One of those guns was used to kill four people Sunday at an Antioch Waffle House, according to Nashville police and federal officials. Police captured accused shooter Travis Reinking on Monday afternoon.

MORE: Waffle House shooting suspect Travis Reinking in custody, booked on $2 million bond

How Reinking managed to reacquire weapons after Illinois law enforcement determined he was not legally allowed to possess any is being investigated.

During a press conference announced the arrest, an agent with the ATF said Reinking's father may have violated federal law by giving the weapons back to his son.

“It is possible. If you transfer weapons knowingly to a person that is prohibited, that could potentially be a violation of federal law," said Marcus Watson, acting special agent in charge with the ATF in Tennessee.

Credit: Jason Davis/Getty Images/Metro Nashville Police Department
Travis Reinking, 29, of Morton, IL, is person of interest in the shooting and is suspected to have left the scene naked.

But a review of Illinois and Tennessee state law shows it's likely Travis Reinking and his father did not violate any state firearms laws before Travis Reinking opened fire early Sunday.

"Given the information provided at this stage in the investigation about the weapons Reinking may have had in his possession, there is nothing in the record that would have given law enforcement officers an indication that possession of those weapons would be in violation of Tennessee law," said the Tennessee Bureau of Investigation in a statement late Monday morning.

During a Sunday news conference, Nashville Police Chief Steve Anderson said it was "concerning" but potentially not illegal for Reinking to have guns in Tennessee before the shooting.

"(The weapons) would not have been lawfully in his hands in Illinois. Now, possessing them in Tennessee, I don't know that he would have violated any Tennessee law," Anderson said.

The Illinois State Police have not responded Monday to requests for information.

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Until August 2017, Reinking was allowed to own guns in Illinois

To own guns in Illinois, most people need to acquire a firearm owners identification card. This is different from a license to carry a concealed weapon in the state.

There are few barriers to eligibility for an owners card, according to state law.

Applicants must:

  • Be 21 years old, or have the written consent of a parent who already has an authorization card;
  • Have no felony convictions;
  • Not be addicted to narcotics;
  • Not have been a patient in a mental health facility within the past five years;
  • Not have any orders of protection filed against them.

Records indicate Travis Reinking had a valid firearm owners identification card as of August 2017, which would have expired in 2020. When law enforcement came to his father's business, they had a revocation order from the Illinois state police, records show.

Travis Reinking gave the sheriff's deputies his owner's card and helped collect his weapons and ammunition.

A state police firearm disposition record shows Travis Reinking surrendered four weapons: the AR-15, a 9mm handgun and two hunting rifles.

While the form states the weapons were being revoked, it also includes a listing for the name and address of a person to whom the firearms will be transferred.

Reinking's father, who has a valid owner's card, is listed as the person who received the weapons.

Law enforcement believe Reinking's father returned the weapons to Reinking. Tazewell County Sheriff Robert M. Huston said Sunday his office has no information as to when Reinking obtained his weapons after August 2017.

Under Illinois law, no one may give away a weapon to anyone who does not have a valid owner's card. However, there's an exemption if the transfer is a "bona fide gift" to a relative, according to state law.

Tennessee law bans anyone obtaining a concealed carry permit if they "have been adjudicated as mental defective." But Reinking never went through judicial proceedings following any of the interactions he had with police, and a concealed carry permit is not required for someone to own a weapon in Tennessee.

Reach Dave Boucher at 615-259-8892, dboucher@tennessean.com and on Twitter @Dave_Boucher1.

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