“People are acting like he could not have gotten guns if he had failed the background check.”
He would quite likely been able to secure a gun without a BG check, but it’s not o.k. for the “system” we have not to at least be functioning as it’s supposed to. So your question isn’t really relevant to the current discussion.
The fact is the background checks are a clear violation of the Constitution and the God given right to bear arms.
Next thing you will have to get the governments permission to go to church.
You should not have to get the government’s permission to exercise a right.