CHICAGO (CBS)—The father of the accused Waffle House shooter admits he gave the gun used in the killing back to his son after it was confiscated.

That’s the center of the lawsuit filed in federal court by a brother of one of the four victims of that shooting.

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Travis Reinking appeared in federal court yesterday. His is father took the stand.

In this handout provided by the Metro Nashville Police Department, the AR-15 assault rifle used in a shooting at a Nashville-area Waffle House that left four dead and four wounded is pictured. The suspected gunman, Travis Reinking, 29, of Illinois, is still at large. (Credit: Nashville PD)

Police in Illinios revoked Reinking’s gun card last summer.

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Reinking’s father said he locked the gun away in a safe.

However, a few months later, he found an out-of-state apartment and wanted his guns back.

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His father claims he spoke to an officer at the Tazewell, Illinois County Sheriff’s Office, but he didn’t go into detail about what the officer said.