Correction, Nov. 17, 3:27 p.m.: Fact Check originally wrote that state law prohibited Neal from owning or making a gun. In fact, he was prohibited under the Federal Gun Act. The piece has been updated accordingly.
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Did Kevin Janson Neal exploit a “legal loophole” to obtain the weapons he used to kill five people in rural northern California on Tuesday?
That was one claim from a report from NBC that featured several incorrect, misleading, or unclear statements.
“Experts say Neal apparently exploited a legal loophole that enabled him to get around California’s tough gun laws,” the article states, “by ordering the parts for a weapon that is illegal in that state — and putting it together at home.”
NBC quotes a retired ATF employee:
NBC’s post maintains that even after a violent exchange earlier this year, the shooter was not “barred” from having a firearm.
However, local police have stated that Neal was indeed prohibited from having the weapons he used.
Given that NBC did not quote Johnston directly, it’s unclear how they inferred from the statement that he wasn’t barred. But what Johnston said in his statement was: “These firearms were manufactured illegally, we believe, by him at his home. So they were obtained in an illegal manner, not through a legal process. They are not registered.”
Because of a protective order, Neal was prohibited from owning a firearm. Due to this prohibition, it was also illegal for him to make a firearm.
In fact, as the Los Angeles Times reports, Neal was ordered by a judge to surrender his firearms. “A signed court order following Neal’s arrest in January for attacking his neighbor shows he was ordered on April 1 to surrender all firearms,” the article stated.
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