Officials from New York, Philadelphia and San Francisco filed a lawsuit this week against the Defense Department for failing to report convictions from military courts to the FBI.
The FBI’s database is used for background checks to monitor gun purchases.
The city officials say the reporting failure led to the massacre of 26 people at a church in Sutherland Springs, Texas last month. The mass shooter, Devin P. Kelley, purchased guns despite being convicted of domestic violence while he was in the U.S. Air Force.
“Had Defendants simply followed the law, that shooter never should have been able to purchase the weapon he used. This suit — brought by three municipalities — seeks narrowly-tailored injunctive relief to make certain that never happens again,” read the 28-page complaint filed Tuesday at the U.S. District Court for the Eastern District of Virginia.
They are asking the court to mandate the Defense Department be subject to court oversight for its reporting.
Pentagon spokesman Tom Crosson told reporters Tuesday he would not comment on the lawsuit.
“The department continues to work with the services as they review and refine their policies and procedures to ensure qualifying criminal history information is submitted to the FBI,” Mr. Crosson said.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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