The families of Dylann Roof’s victims will get their day in court after all.

A federal appeals court has reinstated their lawsuit over a faulty background check that let the former Lexington resident buy a gun to kill 9 people.

The 3-judge Appeals Court in Richmond, VA, reversed a lower court that threw out claims by relatives of those Roof killed at a Charleston church in 2015.

The lower court judge said the claims did not fit narrow exceptions to laws that shield government employees from liability in their official duties. The appeals court disagreed.

The FBI acknowledged Roof’s drug possession arrest in Columbia weeks before the shooting at Emanuel AME Church should have halted the gun sale.

The judges found that an examiner who conducted the background check failed to follow a mandatory procedure when she did not contact Columbia police.

“The government can claim no immunity in these circumstances,” Judge Roger Gregory wrote.

Attorney William “Billy” Wilkins who represents the families said the ruling recognizes that the government must conduct thorough background checks “so that assassins like Roof are not able to obtain the weapon that he used to commit these terrible crimes.”

US District Judge Richard Gergel had ruled that a jail clerk wrongly listed the Lexington County Sheriff’s Department as the arresting agency in the drug case.

The examiner faxed the sheriff’s office, which responded that it did not have the arrest report and directed her to Columbia police.

After West Columbia Police told her she had the wrong agency, she did nothing more and Roof bought the gun in West Columbia.

Roof’s attorneys are appealing his death sentence.