get a gun. so how was it that he was able to get a gun? by all the facts that we seem to know, he was not supposed to have access to a gun so how did this happen? >> now, this is what we know about devin kelley, the shooter. he was convicted in a military court of domestic violence against his wife and daughter. he was sentenced to a year in military prison. one presumes this should have been passed on to the background check database in theory but it doesn't appear to. james, let me start with you. how did he get denied for a right to carry license theoretically but still able to purchase a gun legally? >> two separate things, jake. and i think what the governor was trying to explain that some things got muddled there. first of all, purchasing a wipe, that is a separate item. to purchase and own a weapon there is a clear distinction between a concealed carry and an open carry. >> i'm going to interrupt you. we're going to go to the hospital. they're having a live press