A new law in South Carolina is trying to keeps guns out of the hands of people with mental problems. However, that law is creating a backlog in many counties as workers try to implement it.
Citizens now must fill out ATF Form 4473 when purchasing a firearm from a licensed dealer. Question 11F specifically asks if you've ever been judged mentally defective. But until this law in South Carolina passed this year, you could lie on this form and the instant background check may not have picked up. That's because states are not required to report this information to the federal government according to the 1996 Supreme Court case Printz vs. United states. But they can do so voluntarily, which South Carolina did when passing a law in May.
Counties now have to report all new mentally defective cases to the State Law Enforcement Division starting in August. They must also report qualifying cases up to 10 years in the past by August 2014. This has created huge backlogs, especially in large counties like Greenville. The law is specific about who is prohibited based on how they were found mentally ill due to insanity, dementia, or other reasons.