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Bill surfaces to kinda address Reinking gun issue

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Federal authorities on Monday said they are investigating the father of Waffle House shooting suspect Travis Reinking after he returned his son’s guns to him after they were confiscated by Illinois authorities last year. Reinking was arrested for using one of the weapons, an AR-15 rifle, to massacre four people Sunday.

The actions of the suspect’s father, Jeffrey Reinking, have also highlighted an Illinois gun law that one state senator calls a “loophole” in the system.

Democratic State Sen. Julie Morrison told BuzzFeed News on Monday that the state’s Firearm Owners Identification card (FOID) Act, which allowed the father, 54, to keep his son’s weapons, and then return them to him, “should be looked into.”

“It does highlight a problem,” she said, adding that not relinquishing weapons to a family member “is something to consider.”

* Today…

The legislation, which should be made public later on Tuesday, is meant to deter a family member from returning a firearm to a relative whose gun licence has been revoked, Illinois State Senator Julie Morrison told Reuters. […]

Morrison’s legislation would require a person taking possession of guns to sign an affidavit acknowledging that it is a felony to give a firearm to a person who does not have a valid Firearm Owner’s Identification (FOID) gun permit.

The proposed legislation goes some way towards closing a loophole identified by gun control groups.

The proposal is here. It pretty much just allows local law enforcement to cover their behinds.

* In other news, the local state’s attorney seems to be proceeding with utmost caution against the father, a prominent local business owner…

Jeff Reinking [the father] was legally allowed to take the weapons because he had a valid FOID card at the time. In addition, it is permissible under Illinois law to “gift” a firearm to a family member. It might not be legal to own that weapon, but there is nothing against the law from a person giving a family member a firearm, said Tazewell County State’s Attorney Stu Umholtz, who stressed he didn’t know if the weapons taken last summer, specifically the AR-15 style rifle, were used in the shooting early Sunday.

But Nashville police have said that Jeff Reinking “has now acknowledged giving them back” to his son, according to the Associated Press.

But if it was the same weapon, it still might not be a violation of Illinois law for Travis’ father to have given the weapon to his son, the prosecutor said. Illinois allows “bonafide” gifted firearms to family members, even those who don’t have a valid FOID card. In that case, it’s illegal to possess, but there is nothing in the law to stop the transfer of ownership, the prosecutor said.

“It would not appear to be a violation of Illinois law if Travis was a resident of Tennessee and his father delivered the firearms in Tennessee,” Umholtz said, again stressing that he didn’t have all the facts and was making his observations based upon initial reports.

That whole “gift” to a family member thing is the real loophole, and it’s not addressed in any legislation I’ve yet seen. I have no problems with gifts of guns to relatives. But gifts of guns to relatives whose FOID cards are revoked is a whole other story.

* Meanwhile, it would be nice if we could get to the bottom of this evaluation…

In 2016 Illinois police took Waffle House shooting suspect Travis Reinking into protective custody after he was found in a CVS parking lot “delusional.” […]

Family members said he had threatened to kill himself and told police he “owns and had access to many firearms at his residence.”

Reinking, who was 27 at the time, was taken to a local hospital for a mental health evaluation. It’s unknown what the evaluation found or when he was released.

* Related…

* Waffle House suspect’s ex-bosses asked FBI to keep, help him: The co-owner of a Colorado crane company where the suspect in a deadly weekend shooting at a Nashville restaurant once worked said she had urged federal officials to keep him in custody after he was arrested at the White House last year… “We told them, ‘Hang onto him if you can. Help him if you can,’” Sustrich said.

* Waffle House shooting suspect left trail of bizarre behaviors in Colorado: Turley said Reinking also called himself a “sovereign citizen” - a group the FBI defines as anti-government extremists who believe that even though they physically reside in this country, they are separate or “sovereign” from the United States.

* Obsessed with Taylor Swift, arrested outside the White House, and afraid police were following him: One of the employees at the [Colorado] crane company, Ken Sustrich, told police that he reached out to Reinking’s father with concerns about his son’s mental health. He said the father replied that he was aware of the issues and “had been recently trying to rekindle his relationship with Travis,” the police report said.

* Jeffrey Reinking, Travis Reinking’s Father: 5 Fast Facts You Need to Know: [Reinking’s mother] also shared a note on a homeschool convention shared by the Association of Peoria Area Christian Educators, although it’s not clear whether Travis Reinking was homeschooled. She shared a video from Christian Life Academy called Seeds Family Worship. Judy also shared a Fox News article titled “’Calibration error changes GOP votes to Dem in Illionois County.”

posted by Rich Miller
Wednesday, Apr 25, 18 @ 1:38 pm

Comments

–In 2016, she (Judy Reinking) shared a graphic that read, “When you carry a bible, the devil gets a headache. When you open it, he collapses. When he sees you reading it, he faints. When he sees you living it, he flees…”–

And when he sees you give your mentally ill son the tools for a massacre, he smiles and thanks you.

Comment by wordslinger Wednesday, Apr 25, 18 @ 1:51 pm
Whether or not it it technically illegal for the father to give the guns back, the fact that he did so knowing the mental issues of his son in my mind is at the very least negligent, and perhaps rises to the level of reckless disregard or willful and wanton conduct. He can and should face a ton of civil suits over this. As for the loophole, they shouldn’t be turning possession of guns over to anyone else when taken away unless someone else can show they have property rights in the weapons and can lawfully possess them.

Comment by Ron Burgundy Wednesday, Apr 25, 18 @ 2:01 pm
I don’t understand how this situation meets the “bonafide” gift loophole. These firearms were the property of the son. Then they were seized by law enforcement. They were later returned to the father by law enforcement. The father gave the firearms back to the son. How is that a “bonafide” gift? They were already the sons firearms once, giving them back to the son isn’t a gift - it’s returning seized property. If they were brand new or even different firearms, ok, then I could see them technically being considered a “gift”.

Seems like a real state’s attorney, one who isn’t frightened by offending a “prominent local businessman”, would bring this up in front of a judge.

Comment by Lester Holt’s Mustache Wednesday, Apr 25, 18 @ 2:19 pm
If someone get’s there guns taken away, why would you give them to a family member? Even if the family does not give them back like the killers father did, the individual could still steal them. seized guns should be held by the police or an independent third party.

Comment by ItsMillerTime Wednesday, Apr 25, 18 @ 2:23 pm
Personally, I think “gifting” a firearm to a person forced (by state law) to relinquish them is unconscionable. I also suspect that the family’s strong religious upbringing got in the way of Travis receiving proper mental health treatment.

Comment by Jocko Wednesday, Apr 25, 18 @ 2:26 pm
==* In other news, the local state’s attorney seems to be proceeding with utmost caution against the father, a prominent local business owner…==

This isn’t news, it’s the plot to “Road House” starring Patrick Swayze and Sam Elliot. Is Umholtz afraid Reinking will send some goons into the Double Deuce club to start brawls, or set fire to Red’s Auto Parts & Supply?

Comment by Lester Holt’s Mustache Wednesday, Apr 25, 18 @ 2:49 pm
Our FOID card law already prohibits knowingly transfer of any firearm to any person unless he displays a current FOID card.

This is the ignorant crap the anti gun people pander to generate more donations. We don’t need more laws, we need legislators that read and prosecutors, especially in Chicago that do their jobs. Most gun crime in Chicago would stop if they enforced laws on the books.

If you think this is a problem try voting for someone who can read.

Comment by the Patriot Wednesday, Apr 25, 18 @ 2:53 pm
I’m flabbergasted by all of this. Lester Holt’s mustache…you are so right about the “gifts”. I’m curious if Dad is a Morton Tea Party member…and thought he knew gun laws better than anyone. Such a sad and preventable traumatic event.

Comment by Sweet Tea Wednesday, Apr 25, 18 @ 3:09 pm
The transfer of firearms to Travis Reinking (no valid FOID) by the father or anyone else was already illegal.
The proposed new law would do what? Make it more illegal-er?

Comment by Tequila Mockingbird Wednesday, Apr 25, 18 @ 3:10 pm
As much as I hate to agree with anyone vainglorious enough to refer to themselves as “The Patriot”, he/she has a good point. If Umholtz is too scurrrd of a prominent local businessman to point out the “gift” excuse is malarkey, and that Reinking violated statute by giving the firearms to a non-FOID card holder - why bother with another law? Waste of time. Tazewell and other counties dont need more legislation, they need state’s attorneys who aren’t invertebrates.

Comment by Lester Holt’s Mustache Wednesday, Apr 25, 18 @ 3:30 pm
–Seems like a real state’s attorney, one who isn’t frightened by offending a “prominent local businessman”, would bring this up in front of a judge.–

The sheriff, too. What’s the authority of the sheriff to confiscate one person’s property (via due process) and give it to another person (via….what?).

The sheriff didn’t see the possibility of the old man just handing it over to the son?

Or was that the plan?

Comment by wordslinger Wednesday, Apr 25, 18 @ 3:44 pm
HIPAA laws probably prevent learning the results of the mental health evaluation.

Comment by Chicago Barb Wednesday, Apr 25, 18 @ 3:45 pm
==was already illegal==

Yes, it was. The new law that is needed is to prevent law enforcement from turning the weapons over to anyone in the first place. They should have kept them.

Comment by Demoralized Wednesday, Apr 25, 18 @ 4:21 pm
The only way I can legally give my hunting rifle to my son in Wyoming state (as an Illinois resident) is to take it to an FFL in Wyoming or to an FFL here and do a transfer through him to a WY FFL with a background check. If my son was still a resident of Illinois I could “give” it to him only if he had a FOID.
Where is this so called loophole? If it really existed it would make things easier for me but people claiming loopholes where there aren’t any just want another law, because “we have to do something”.

Comment by Tequila Mockingbird Wednesday, Apr 25, 18 @ 4:23 pm
==Where is this so called loophole? ==

Giving the gun to his father in the first place

Comment by Demoralized Wednesday, Apr 25, 18 @ 4:26 pm
The laws are in place. Friend a prosecutor with a spine and enforce the existing laws.

There are violations of State and Federal laws. The civil litigation will mop up what’s left.

Comment by Plutocrat03 Wednesday, Apr 25, 18 @ 7:04 pm
The father is guilty of something. Almost akin to giving the keys back to a driver with the promise to go slow and take the back roads.

Did Rusty Westin have a FOID card? Did this kid? This is nothing but an inconvenience and the statistics prove it….if you can find any.

.

Comment by Anonymous Wednesday, Apr 25, 18 @ 7:25 pm
I sure do wish we could deport these “Sovereign Citizens” back to the country of Soverigna - darned sanctuary laws.

Comment by Stuntman Bob's Brother Wednesday, Apr 25, 18 @ 8:00 pm
Word @ 1:51. Pure.

Comment by Small Lebowski Wednesday, Apr 25, 18 @ 8:52 pm
==Where is this so called loophole? ==

“Giving the gun to his father in the first place”

—No, the loophole is giving the gun to a relative who is a Tennessee resident. People in Tennessee don’t need FOID cards.

Comment by McLincoln Wednesday, Apr 25, 18 @ 9:00 pm