State authorities required Travis Reinking, the Illinois man accused of using an AR-15 rifle to kill four people and wound two others Sunday at a Nashville-area Waffle House, to relinquish his weapons last year after he was seen trying to breach a barrier at the White House.
Under Illinois law, Reinking was allowed to turn over the weapons — a handgun and three rifles, including the assault-style AR-15 — to his father for safe keeping, according to sheriff’s records.
But according to reports, Reinking’s father returned the firearms to his son, even though other sheriff’s reports indicate Reinking was “delusional” and acted earlier last year in a threatening manner with the AR-15.
Pennsylvania lawmakers are trying to reform similar laws that allow family members or friends to take possession of firearms when an individual is ordered by a court to relinquish them.
Two bills would require gun owners to relinquish their firearms to outside authorities when ordered in a protection from abuse case, or when a gun owner exhibits “red flag” behavior.
One measure, sponsored by state Sen. Tom Killion, R-Chester, would potentially affect gun owners under a protection from abuse order.
“It does do away with third-party safe keeping,” he said.
The bill proposes that persons subject to a PFA order be required to turn over their firearms to law enforcement officials or a registered gun dealer for the duration of the order. The bill would require the subject of the PFA to relinquish firearms within 48 hours. Current law allows up to 60 days, Killion said. A judge would have to approve returning the firearms.
A number of cases show the weakness in existing law, Killion said. In just two of those cases:
Michael Ayers, who had been served with a PFA order, in 2013 used a gun turned over to his parents to kill his 2-year-old son, and later himself, during a routine supervised visit with his estranged wife in Barree Township, Huntingdon County.
John Walton killed his estranged wife, Stacy, in Butler Township, Luzerne County, after he convinced his brother to return his gun in 2012. A PFA order against Walton had expired, but he had not gotten judicial approval to retake possession of his gun, according to reports.
According to Killion, his bill also would address abuse victims’ “sense of security,” by requiring the safe surrender of firearms to authorities. At hearings earlier this month regarding numerous firearms regulation bills, lawmakers said victims of domestic violence should not have to worry that their abuser could have easy access to guns.
The Pennsylvania State Police support the bill, said Cpl. Adam Reed, a spokesman. The bill passed the state Senate last month by a 50-0 vote. It now is in the state House Judiciary Committee.
A separate measure, sponsored by Sen. Stewart Greenleaf, R-Montgomery, would give law enforcement the authority to seize individuals’ firearms if they communicated serious threats or in some way led others to fear pending violence. State Rep. Todd Stephens, R-Montgomery, also is sponsoring such legislation in the House.
The bills would create “extreme risk protective orders” that would allow a court to seize weapons in the event of threatening behavior, similar to that of Nicholas Cruz, the man accused of killing 17 at Marjory Stoneman Douglas High School in Florida. In that case, Cruz’s behavior had been reported, but authorities failed to act on the tips in time.
A protective order would last for a year, after which the owner could petition the court to return the weapons. It also would require firearms to be turned over to law enforcement officials.
Judiciary Committee Executive Director Patrick Cawley said Greenleaf’s bill is expected to move out of the committee in May or June.
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