Three major cities suing the Department of Defense over background checks for gun sales

WASHINGTON, D.C. - The Department of Defense is on the defense over gun background checks.

New York, Philly and San Francisco are suing the DOD in federal court for repeated failure to report military convictions to a federal database.  A database designed to keep guns out of the hands of criminals.  According to the lawsuit, all branches of the military are negligent and failure to report means innocent Americans are at risk.

This legal action comes in the wake of last month's devastating mass shooting in Sutherland Springs, Texas when a lone gunman opened fire at a church.  Turns out, Devin Patrick Kelley's court marshal conviction for domestic assault, while serving in the air force, was never reported.

The result?  Kelley legally purchased the gun used to killed 26 people, including an unborn baby. It was the worst shooting in Texas history.

The complaint states if his case been entered into the National Instant Criminal Background Check System, Kelley would have been flagged during the sale.  The suit was filed in cooperation with Congresswoman Gabby Giffords' gun control advocacy group. She survived a mass shooting in 2011.

The Department of Defense has already told Congress it's investigating the issue. But, according to the plaintiffs, these reporting requirements have been on the books for decades.  They say new laws aren't necessary, just a federal court putting pressure on the Pentagon for compliance!

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