Cities sue Pentagon for not reporting criminals to database

Three cities have filed suit against the Pentagon for lapses that allowed a mass shooter in Texas to buy a gun, even though he carried a conviction in military court that should have barred his purchase.

Devin Kelley, who was convicted of domestic violence while serving in the U.S. Air Force, was never reported by the military for inclusion on an FBI database of individuals blocked from purchasing firearms. Kelley went on to kill more than two dozen churchgoers in Sutherland Springs, Texas, last month in one of the worst mass shootings in U.S. history.

In the complaint filed Tuesday in U.S. District Court in Alexandria, Virginia, the three cities — New York, San Francisco and Philadelphia — say they rely on the integrity of the FBI’s background check system. The suit alleges that the defendants, which include the military branches and Defense Secretary James Mattis, have an “admitted, systemic and longstanding failure to comply with the law.”

The cities are seeking to force the Defense Department to fully participate in the reporting system, which they said is already required by law. They also want the court to oversee the department’s compliance efforts.

“The Executive Branch and Congress have both had their chances to repair this clearly broken system. Now, after twenty years of failure, it’s time for the Courts to step in,” Ken Taber, a partner at Pillsbury Winthrop Shaw Pittman and lead counsel for the plaintiffs, said in a statement. The Giffords Law Center to Prevent Gun Violence also helped prepare the suit.

A spokesperson for the Defense department declined to comment Wednesday, citing a policy against commenting on ongoing litigation. A spokesperson for the Justice department said the attorney general has launched his own investigation into the issue.

“After visiting first responders and victims’ families in Sutherland Springs, Attorney General Jeff Sessions instructed the ATF and FBI to conduct a comprehensive review with the Department of Defense of how certain information is reported to the National Instant Criminal Background Check System,” Justice department spokesperson Devin O’Malley said in an e-mail Wednesday. “The Justice Department is reviewing yesterday’s lawsuit and determining next steps.”