Expert: Woman shouldn't have been able to buy a gun - WCIV-TV | ABC News 4 - Charleston News, Sports, Weather

Expert: Woman shouldn't have been able to buy a gun

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Josh Braureuther (WCIV) Josh Braureuther (WCIV)

by Stacy Jacobson
sjacobson@abcnews4.com

MOUNT PLEASANT, S.C. (WCIV) -- Jeremy Burnham said he calls the National Instant Criminal Background Check System between five and 10 times a day. Every shop must make the call before selling a gun.

But Burnham thought the check wasn't thorough enough.

"If you've ever been mentally checked in to a hospital, it should be on there," he said.

Former S.C. Attorney General Charlie Condon said Burnham was right. In fact, it is required by law to report if a person has been adjudicated, or ruled mentally ill in court. But, he said South Carolina doesn't track those people.

"South Carolina doesn't have a database for those adjudicated and mentally ill. Since we don't have a database, we don't send anything to the federal government," he said.

The 10th Amendment gave states this right, he said.

He said if South Carolina did have a database, Alice Boland wouldn't have been able to buy a gun. Police charged Boland with the attempted murder of an Ashley Hall School official Monday.

Police said she obtained the gun legally a few days prior to the incident.

"The information that is given are of citizens that have been adjudicated, mentally ill and are a danger to themselves and others. From what I see of her background, it sounds to me like she fits this criteria," he said.

As a gun store owner and NRA member, Burnham agreed there needed to be a change. 

"Given the gap in the system, it's entirely possible she's been adjudicated, a danger to herself and others, that she should never have been sold a weapon," Condon said.

A Beaufort County probate court would neither confirm nor deny that Boland had a record of adjudication. Boland is a Beaufort resident.

SLED did not return calls for comment on whether it has a data base it shared with the federal government.

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