NATIONAL -- Family members of the victims of the Charleston church massacre are suing the federal government.

The families filed a wrongful death suit, claiming a clerical error allowed the shooter, Dylann Roof, to buy his gun.

FBI Director James Comey said the bureau made a mistake during his background check.

Roof had a drug arrest on his record, so he shouldn't have been able to buy the weapon, but failed to reach the police department where Roof was arrested.

A gun store was allowed to sell Roof the weapon because his background check took more than three days.

Roof shot and killed nine African-Americans at Emanuel African Methodist Episcopal Church a year ago in hopes to start a race war.

Federal prosecutors are asking for the death penalty at his trial.