Letter to James Comey, Director of the Federal Bureau of Investigation - Breakdown in the Background Check System that Led to the Charleston Church Massacre

Letter

Dear Director Comey:

It has now been over four weeks since the devastating shooting at the Emanuel AME Church in Charleston, South Carolina that left nine people dead. For weeks, there have been questions about how the shooter, Dylan Roof, was able to acquire the gun used in this massacre. We were very disheartened to learn that the reason he was able to purchase a handgun was because of a breakdown in the FBI's National Instant Criminal Background Check System (NICS). This recent news has unfortunately led to only more questions than answers.

By all indications, when Dylan Roof purchased a gun in April, the NICS system initially flagged him as being an admitted unlawful drug user and having a misdemeanor drug arrest on his record. Despite being presented evidence that should have clearly disqualified Roof from making this transaction, NICS was unable to make a determination on his eligibility within 72 hours, as required under current federal regulations. As a result, he was able to make the purchase. We want to know why the FBI was unable to make a determination within this three day period given the information it had at its disposal? Given what we now know, there was a systemic breakdown in this process.

In addition, we would like to know how permitting requirements might have prevented an error such as this. Specifically, would permit-to-purchase requirements, such as those enacted in states like Maryland and Connecticut, have made it more likely that someone like Dylan Roof would have been flagged as a felon and drug user? According to Professor Daniel Webster, the Director of the Johns Hopkins Center for Gun Policy and Research, if this law was in place in South Carolina, "the background check would have played out differently" and "most likely [Dylan Roof] would have been denied because these agencies often have better access to records used in background checks." Like Professor Webster, we believe that requiring gun buyers to apply for a permit at a law enforcement agency, and having them submit fingerprints and photo identification, would add additional layers to the current background check system.

We understand that you have initiated an internal review of the FBI's background check system. In the wake of this tragedy, it is critical that the FBI has a system in place to ensure that criminals are not able to slip through the cracks and purchase firearms. We appreciate your attention to this matter and look forward to your prompt response.

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