Cities sue Pentagon over failure to report convictions
Two separate military investigations — one by the Air Force and one by the Department of Defense Inspector General — recently found the failure to share the data is systemic across the military branches, in some cases a full third of the time. | Getty Images
By BRYAN BENDER
12/26/2017 02:58 PM EST
The cities of New York, Philadelphia and San Francisco have filed suit against the Pentagon for repeatedly failing to report military convictions to a federal database designed to keep firearms out of the hands of criminals.
The lawsuit was filed in federal district court in Virginia on Friday in cooperation with former Arizona Democratic congresswoman and shooting victim Gabby Giffords’ gun control advocacy group.
The cities are seeking a court order to monitor compliance with reporting requirements that the Pentagon in recent weeks has acknowledged it has failed to comply with for years.
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The reviews were undertaken in November after a former airman, David Kelley, shot to death 26 people — including an unborn baby — in a Texas church. Kelley had been convicted in a military court of domestic violence, but his case was never reported to the National Instant Criminal Background Check System, which would have prevented him from buying a gun.
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