That doesn't mean the guy can't make himself one. A gunsmith with enough skill and knowledge can do wonders. Lots of weapons can be "modified" to do lots of "illegal" things. One can technically take a hacksaw and hack off a barrel off any rifle and have it as short as he/she wants. Is it legal? Hell no. Can it be done? Of course. Has it been done? A million times.

So can this guy technically have one? Sure. Is it legal? Hell no. Does that matter? Not to many.