Waffle House shooting: Law enforcement still can't say if father, son broke gun possession laws

On Monday, a federal agent said the man accused of shooting and killing four people at a Nashville Waffle House should not have had weapons in Tennessee.

On Tuesday, a spokesman for the ATF said the agent didn't mean it.

What Marcus Watson meant was that 29-year-old Travis Reinking could not possess weapons in Tennessee if he was already prohibited from having guns under federal law, the spokesman said.

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The clarification only adds to the confusion as to whether Reinking violated any laws by possessing guns in Tennessee after Illinois revoked his right to have them in August, or if his father broke any laws by returning those weapons to his son.

Here's what we know:

Father only broke federal law if son is 'prohibited' person

During the Monday afternoon news conference, Watson was asked if Travis Reinking's father, Jeffrey Reinking, violated any federal laws.

"It's possible. If you transfer weapons knowingly to a person that is prohibited, that could potentially be a violation of federal law," Watson said.

After answering three more questions, Watson told reporters that Travis Reinking should not have had weapons in Tennessee.

ATF spokesman Michael Knight said when Watson made that comment, he meant Reinking should not have had weapons in Tennessee if he is prohibited by federal law.

In that scenario, Jeffrey Reinking giving weapons to his son would be illegal, Knight said.

"If there are no prohibitive factors on the son, then the father would not be culpable (under) federal law" if he gave his son guns, Knight said.

Initial review appears to show Reinking not 'prohibited' person under federal law

Federal law prohibits certain people from owning or possessing guns. They include:

People convicted of felonies

Fugitives

Drug addicts

Someone subject to a domestic restraining order

Someone "who has been adjudicated as a mental defective or has been committed to any mental institution"

All available public records show that Travis Reinking does not fall into any of these categories.

"Adjudication as a mental defective" requires a court determination that someone has a mental illness or issue that poses a danger to others, or an issue that prevents someone from being able to manage their own affairs.

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While Reinking had several interactions with Illinois police and their reports allude to mental instability, a court never determined he was "a mental defective." Although Illinois police once escorted Reinking to the hospital for a mental evaluation, he was never forced to go to a "mental institution."

Knight said the ATF is reviewing whether Reinking fits the definition of a prohibited person.

Illinois took Reinking's gun ownership rights because he was no longer a state resident

The state of Illinois requires residents who own a firearm to have a Firearm Owner's Identification Card.

In July 2017, Reinking was arrested by the U.S. Secret Service after he tried to gain access to a restricted area of the White House. The FBI reviewed the case and worked with the Illinois State Police to revoke Reinking's ownership card, said an FBI spokeswoman.

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However, documentation obtained by the Peoria State Journal and The USA TODAY NETWORK - Tennessee shows Illinois State Police told Reinking they were revoking his card because he was "a person who is not a resident of the State of Illinois."

A letter to Reinking dated Aug. 16, 2017 says because he is no longer a resident of Illinois, he must surrender his identification card. The letter asked Reinking to fill out a form declaring what weapons he owns and what he's doing with them, something he did Aug. 24.

Reinking stated he had four weapons, including an AR-15 that Nashville police believed he used in the Waffle House attack. The weapons were transferred to Jeffrey Reinking, who had a valid owners card.

Does residency issue cloud whether Jeffrey Reinking broke Illinois law?

The 2017 Secret Service arrest report states Reinking had a Colorado drivers license at the time. Nashville police say Reinking was found with a Colorado license when he was arrested Monday.

Jeffrey Reinking admitted to police he gave the four weapons back to his son. Travis Reinking moved to Nashville in fall 2017.

It remains unknown when the father returned the weapons to his son.

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Whether Travis Reinking was an Illinois resident at the time he received the guns is critical to whether his father broke any state laws.

There is an argument that if this transaction happened before Reinking moved to Tennessee, then his father may have broken Illinois law because Reinking's state-issued ownership card was revoked.

However, the Aug. 16 letter shows the Illinois State Police determined Travis Reinking was not a resident of the state. There are a litany of exemptions to Illinois gun ownership laws for non-residents in the state and how they can possess guns.

Sgt. Ryan Cape, a spokesman for the Illinois State Police, refused to answer questions about state gun ownership laws. He also declined to say whether the state police are investigating Jeffrey Reinking.

He referred questions to the FBI. The FBI referred comments to the Illinois State Police.

Tennessee law enforcement thinks Reinking was legally allowed to have guns in state

Nashville Police Chief Steve Anderson said he was unaware of any Tennessee law Travis Reinking would have violated by owning weapons.

Late Tuesday, Nashville police announced additional charges against Reinking. In a tweet, the department said Reinking is charged with "1 count of unlawful gun possession in the commission of a violent felony."

However, the law under which he is actually charged makes it illegal to have a gun while someone is committing a felony. Police confirmed they still do not know if Reinking possessed the guns illegally.

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The Tennessee Bureau of Investigation agreed.

"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," the TBI said in a Monday statement.

Tennessee state and federal lawmakers are calling for changes to local and U.S. laws in order to clarify who may possess a gun in Tennessee and whether someone who can't own a gun in one state is allowed to own a gun in another.

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

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