gun dealer exercised its lawful discretion and transferred the gun

[russ1943]

A while ago January of 2013 I posted in another group, “How bout requiring purchasers pass background check. Not just require national background checks, but PASSING it!
I noted “It seems to me that many, probably most Americans are unaware that there are thousands of people every year who are ineligible to purchase or possess firearms who, pick up their firearms from licensed FFL’s after paying their money and walk out into society, thumbing their nose at the intent of the law!”
http://www.democraticunderground.com/1172104606

Now I read that the gun purchase by the gunman charged in the Charleston, South Carolina, church killings of nine people actually fit into the category.

FBI chief says accused shooter shouldn't have been able to buy gun. Kevin Johnson, USA TODAY 2:31 p.m. EDT July 10, 2015 During the mandatory background check prior to the attempted April 11 gun purchase, Roof's March arrest on felony drug charges was mistakenly attributed to the Lexington County, S.C., Sheriff's Department, not Columbia police. The Lexington County Sheriff's Department operates the jail where Roof had been detained. The Columbia police report included information that Roof admitted to drug possession, which would have triggered an immediate denial by the FBI NICS review process, according to bureau guidelines. ………… That information was never seen by the reviewer because the FBI's database did not include Columbia police contacts in its list of agency contacts for Lexington County purchase reviews. Because the FBI reviewer, described as veteran analyst who works on up to 20 purchases per day, was immediately unable to resolve the matter, the purchase was delayed for the maximum three business days before the gun was allowed to be transferred April 16 to Roof by a West Columbia, S.C., gun store………. The purchase continued to classified as "delayed'' with a decision pending. But firearms dealers are permitted to transfer weapons to buyers after the three-day period, if there is no denial. " By Thursday, April 16,'' Comey said, "the case was still listed as delayed-pending, so the gun dealer exercised its lawful discretion and transferred the gun to Dylann Roof.''
http://www.freep.com/story/news/nation/2015/07/10/fbi-chief-roof-gun-shooting/29966337/

There were some other bureaucratic fuck ups and I don’t know whether or not the gun dealer ever received a denial, but the fact is we have a person who even the head of the FBI says shouldn’t have been able to buy a firearm.......... and yet the FFL legally took the money and the perp walked out the door with his assassination tool in his hand!

[TeddyR]

1. My reading of the story at this point

Was that Roof did pass the background check, but only because there was a SNAFU on the FBI's end. So if the FBI hadn't screwed up Roof's attempt to purchase the gun would have been denied. Maybe I'm missing something though.

[russ1943]

3. We're lacking some details but yes he should have been denied.

I edited my post to acknowledge that there were fuck ups. If accurate info was available to the FBI reviewer, yes his attempt to purchase would have been denied.

The larger picture is that this is a person the statutes prohibit from buying or possessing and yet he was able to pay his money and get his gun!

Firearm Retrieval Referrals
Because of the NICS Section's commitment to public safety and national security, the search for the needed disposition information continues beyond the three business days allowed by the Brady Act. In some instances, the information is subsequently obtained and a final status determined; however, if the final status (determined after the lapse of three business days) results in a deny decision and the NICS Section is advised by the FFL that the firearm was transferred, then the ATF is notified a prohibited person is in possession of a firearm. In 2011, the NICS Section referred 3,166 firearm retrieval actions to the ATF.

Was there ever a denial & a "Firearm Retrieval Referral" issued? I don't know.

[procon]

2. Lather. Rinse. Repeat.

How many times are similar FAILS repeat across the US?

This is why the penny-wise, pound-foolish, tightfisted politicians the control the government purse should not automatically choose the lowest bidder, hire the lowest paid staff or accept this level of incompetence as the norm. Its not that the tech isn't doable, but we have dinosaurs running these agencies that can't even figure out their phone functions, let alone understand what's needed to set up these systems.