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Three cities sue Pentagon over gun background-check failures

iStock/Thinkstock(NEW YORK) -- Three major U.S. cities filed a civil lawsuit against the Department of Defense on Tuesday, arguing that the department failed to "fully comply with its legal obligations to report information to the national criminal background check system for gun sales,” according to the San Francisco attorney general.

The filing mentions Devin Kelley, who shot 26 people at a Sutherland Springs, Texas, church in November. The lawsuit states that had the Pentagon "simply followed the law, that shooter never should have been able to purchase the weapon he used."

To conduct background checks on gun permit applications, local law enforcement relies on the FBI’s database. The lawsuit states that it must be kept up to date. In the past, Pentagon officials have acknowledged problems with their reporting.

The Department of Justice declined to comment on this specific case.

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