The Mercury News

How did shooter get his guns?

Man who killed five people was barred from having firearms; gun-law critics fault enforcemen­t

- By Robert Salonga rsalonga@ bayareanew­sgroup.com

The Tehama County mass shooter was barred from having firearms, and he once surrendere­d his rifle at the behest of a judge.

But Kevin Janson Neal still ended up with homemade and borrowed weapons he used to kill five people, it was learned Wednesday — reviving questions on whether strict laws and police can effectivel­y keep guns out of the hands of dangerous people.

Neal, who was shot and killed by authoritie­s after his Tuesday rampage, was known widely in his community as an unstable character who fired hundreds of rounds indiscrimi­nately at his home. But a torrent of complaints from neighbors spurred noth-

ing more than passive doorknocki­ng at Neal’s home, officials acknowledg­ed.

Assistant Sheriff Phil Johnston said authoritie­s responded to calls regarding Neal several times, but the 44-year-old Neal wouldn’t open the door, so they left.

“He was not law enforcemen­t friendly. He would not come to the door,” Johnston said. “You have to understand we can’t anticipate what people are going to do. We don’t have a crystal ball.”

But legal experts say a more aggressive response was warranted given the reports of gunfire involving Neal, who according to a judge’s protective order was prohibited from having guns.

That prohibitio­n was a condition of Neal’s release on bail after he was charged earlier this year with stabbing a female neighbor who would eventually become one of his murder victims. On Wednesday, the victims list grew when his wife’s bullet-riddled body was found underneath the floorboard­s of his home.

They believe her slaying was the start of the rampage. Neal then shot two of his neighbors in an apparent act of revenge over

their complaints to authoritie­s before he went looking for random victims, ultimately killing five people, all adults, and wounding 10 at different locations that included the community’s elementary school.

Neal’s family said they worried for years about his mental state. His relatives had sought to get him treatment for what they believed was an apparent mental illness, according to his sister, Sheridan Orr. She described the tragedy of the past two days as her worst fear come to life.

“If you could’ve seen him in those rages,” Orr, 46, said in a telephone interview. “Anything was possible.”

“He never should have had guns, and he should’ve been able to get mental health care,” she said.

Records show that after the protective order was issued, Neal certified that he surrendere­d his weapons in February. But Johnston said Wednesday authoritie­s had recovered two homemade assault rifles belonging to Neal, and two handguns in his possession that were registered to someone else.

That developmen­t incensed Craig DeLuz, a spokesman for the Sacramento-based Firearms Policy Coalition, who saw the tragedy as an example of gun-control laws being more intrusive than effective.

“If law enforcemen­t had

the ability to do that, why didn’t they?” DeLuz said, referring to the confiscati­on of Neal’s weapons. “We have some of the strictest gun laws in the country, and this still occurs.”

He added: “This goes to show that the only people affected by these laws are the law-abiding. There was a failure of the government to enforce those laws, and yet the answer folks keep coming up with is that we need more gun laws.”

It was unclear Wednesday whether Neal was in the database for the state’s Armed and Prohibited Persons System, a one-of-akind program designed to automatica­lly track firearm

owners and proactivel­y disarm convicted criminals, people with certain mental illnesses, and others deemed dangerous.

If Neal was identified by the APPS program, agents from the state Department of Justice’s Bureau of Firearms would have sent agents to actively seize his weapons. However, the system has a sizable backlog, and it’s unknown whether Neal would have been a priority given that he surrendere­d his registered rifle. The weapons he purportedl­y used in the Tuesday shooting were not registered.

“It’s a big task because there are so many people

who are in possession of guns who should not be, that it takes a lot of time for the state to track them all down,” said John J. Donohue III, a law professor at Stanford University.

The California Department of Justice said because of privacy restrictio­ns, informatio­n about whether Neal was in the APPS database could not be released.

In the absence of state efforts, the task for keeping guns away from Neal fell to local law enforcemen­t. Donohue on Wednesday offered a measure of sympathy for the dangers of disarming a character like Neal.

“It’s not a happy situation for police to go to the house of somebody identified as someone violent, and try to take their guns away,” he said, “especially with the rhetoric of the NRA, telling them the government is coming to take their guns.”

Donohue said he believes Americans, faced with nonstop media exposure over the past month and a half of mass shootings in Las Vegas and Texas, should muster the political will to bolster gun-control programs like APPS rather than grouse about inconsiste­nt enforcemen­t.

“I do think that Americans are now starting to focus on gun violence with all of these recent shootings,” he said.

He even suggested the current atmosphere should cultivate synergy between gun-rights advocates and their counterpar­ts.

“Pass a gun tax and use that money to fund programs to take away guns from people who become criminals, and that socalled good guy with a gun who went bad,” Donohue said. “These programs are underfunde­d, but people spend billions a year on guns, and we could stand to spend a little bit of that to take them away from criminals.”

 ?? RICH PEDRONCELL­I — ASSOCIATED PRESS ?? Randy Morehouse, a district supervisor, walks past the gate at Rancho Tehama school, one of the crime scenes in Tuesday’s shooting rampage.
RICH PEDRONCELL­I — ASSOCIATED PRESS Randy Morehouse, a district supervisor, walks past the gate at Rancho Tehama school, one of the crime scenes in Tuesday’s shooting rampage.
 ??  ?? Janson Neal
Janson Neal
 ?? RICH PEDRONCELL­I — ASSOCIATED PRESS ?? Cars are parked in front of the home of Kevin Janson Neal on Wednesday in Rancho Tehama Reserve. The body of Neal’s wife was found at the home, riddled with bullets.
RICH PEDRONCELL­I — ASSOCIATED PRESS Cars are parked in front of the home of Kevin Janson Neal on Wednesday in Rancho Tehama Reserve. The body of Neal’s wife was found at the home, riddled with bullets.

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