Cities Sue Pentagon Over Failures in Background Check System

December 27, 2017
OAN Newsroom

Three major U.S. cities are suing the Defense Department over failures in the background check system.

San Francisco, Philadelphia, and New York City filed the lawsuit against the Pentagon in federal court Tuesday, saying it did not properly report crimes to the FBI.

This comes after the Texas church shooter was able to purchase guns despite a domestic violence conviction from his time in the Air Force.

Crosses showing shooting victims names stand near the First Baptist Church on Nov. 9, 2017, in Sutherland Springs, Texas.
(Photo: David J. Phillip, AP)

According to the Pentagon, the Army failed to submit disqualifying records to the FBI in 41 percent of cases, and the Air Force in 14 percent of cases.

The Air Force is now reviewing 60,000 criminal cases to ensure they were properly shared with law enforcement.

  • Thomas Read

    FBI should file suit not ragtag cities. Sanctuary cities can KMA.

  • hobartneck

    Can the Feds sue the cities for Sanctuary status?

  • gregg56

    All these iberals pushed so hard to have the protections under HIPAA, and now they are reaping the rewards of their shortsightedness! Typical Liberal mentality.

  • bigcrawfish

    Serving in the military is a stressful job, if not a life threatening one. Some people leave the service all f’d up and they shouldn’t be allowed to buy guns until re-evaluated and cleared. Sorry folks but I don’t want the crazies buying guns. If you earned felonies for assault in the military, that record should follow you out.

    Now, I’M ALL FOR a simple medical clearance from any VA office psych doc and clearance from law enforcement. Let’s make it easy and available for vets. Very often, as in my case, my behavior improved greatly when I got home from war and became normal again.

  • Sure, Not

    More tax dollars wasted in courts, instead of simply focusing on the known problem and fixing it.

  • Twinkle Toes

    San Francisco is suing the Pentagon over background checks? Now ain’t that rich.

  • survivor50

    Defund ALL Sanctuary Cities until further notice…

  • Bud

    Cities don’t deport. That is done by the federal government.

  • Bud

    Cities don’t deport. That is done by the federal government.

  • james pence

    These sanctuary cities smell federal blood in the water. Time to hold the taxpayer hostage to feed their coffers.

  • Frank Meccia

    Yes, this is amazing.. They are willing to go after the Pentagon for not disclosing properly information for back ground checks, but if it’s an illegal that commits a crime, these same cities don’t want anything done.. What Hippocrates, but then what do you expect from cites that are managed by Democrat’s

    • Rufus Firefly

      I’m pretty sure that Hippocrates would know nothing about guns.

      • Bud

        I’m pretty sure you knew what he maent.

        • Rufus Firefly

          Must we all now interpret what was meant? Or what was said? Or what was thought?

          • Al Lejdly

            Hippocrates makes for more logic than Rufus Firefly.

        • Rufus Firefly

          Must we all now interpret what was meant? Or what was said? Or what was thought?

  • Flagfriend

    I see San Francisco is included as a plaintiff in this lawsuit.

    Wonder how Kate Steinle’s parents feel about that?

    #sfshamefullycorrupt

  • grandmother5

    No surprise in the cities that are filing the suit. Please explain why these cities are involved in the Texas Church shooting? Shouldn’t they be worried about the shootings and all the murders in their city first? All three cities have a high murder rate. I agree the Air Force dropped the ball on the Church shooting suspect. I remember something about military budget cuts during Obama terms. How about the illegal that was deported five time, came back five times and then killed a woman, arrested, went to trial and found not guilty. That was in a sanctuary city. Can a sanctuary city be sued? I vote to get rid of all sanctuary cities and states.

    • Al Lejdly

      That was in of all cities, San Fran. How ya been Grandmother5/ Been missing you. A lot of the 13 gang has been hanging out over at https://disqus . com/home/channel/thenewsindetroit/

    • Al Lejdly

      I just followed you OK?

      • grandmother5

        Of course. I just followed you.

        • Al Lejdly

          Great. abc 13 did me a favor by dropping disgus LOL.

  • Zotus

    Taking a wild guess this is merely a political headline ploy. I could understand families of the victims suing but these 3 cities not even in Texas shouldn’t have any standing to sue. My guess is the suits will be dismissed.

    • Al Lejdly

      And how coincidental they are all three bankrupt cities.

  • SaidNO2Liberalism

    So now cities that violated federal immigration laws are concerned about federal gun laws? That’s laughable.

  • No Mas

    I don’t think hypocritical democratic communist sanctuary cities have a foot hold on being victims with the anti American positions…

  • CPO(Ret)_Luv’n_Life

    It’s interesting that breaking the law in the military (UCMJ) doesn’t always get reported to the civilian courts. If that were to change, then military folks, would end up with “wrap” sheets longer than Michael Brown’s. It’s called NJP or “Non-judicial punishment”. I believe this is changing these days because of the various incidents that have happened on the civilian side, by veterans. But think about it, people could break the law, and if they weren’t caught by the civilian side, commands would just take them to, as we call it in the Navy, Captain’s Mast (Article 15 of the UCMJ). The infraction stays in their military record, but seldom if ever goes to the civilian courts.

    • Rufus Firefly

      NJP is not the issue. It’s violent crimes that are the issue – the kinds of things that make one ineligible for gun ownership.

      • CPO(Ret)_Luv’n_Life

        I had a Sailor go to NJP because he was stalking his “soon to be” ex-wife. He violated two MPOs within 48hrs of signing them in front of the Captain. The guy was relentless, he wanted to somehow prove his wife was cheating on him and wouldn’t leave her alone. The MPOs did not sway his determination. My concern, what would he have done if he actually caught her cheating? They were both Sailors, assigned to the same command.

        I do agree, anything associated with Domestic violence, physical or sexual assault, needs to be reported to the civilian authorities, however; double jeopardy should NOT be allowed. They either get punished according to military law or the military backs off and lets the civilian law punish them.

        • Rufus Firefly

          This reporting system is used for gun ownership background checks. There is no double jeopardy – no additional prosecution in civilian courts.

  • James

    Blue state beggars. Give them nothing

  • littlepeaks

    Maybe they should let the military fight wars, and have a different agency do the bureaucracy stuff.

    • CPO(Ret)_Luv’n_Life

      The military is becoming more and more bureaucratic because of the newer generations. Granted, I came to the “Retired’ side of the line 18 months ago, but the “sense of entitlement” by the younger forces is astounding. They are good people, but they’ve been raised in an age, where they expect everything, (participation rules apply) and if they can’t have something, they want the leadership to explain why. The military is going the way of being “politically” correct with every passing day. Blame it on the leaders, who don’t want to be seen as “discriminatory”. If they give them what they want, they won’t pull the discrimination “card” and file a grievance. Just my perspective.

  • Brad

    Their cases will be reviewed by the ultra liberal judges appointed by obummer. Same cities who harbors illegals and criminals who wantonly kill, steal and of course vote the democrap ticket to keep their fellow criminals in office.

  • PatrickJ

    At least in the case of San Francisco, I believe the Steinle case disqualifies San Francisco from suing the Federal government for not reporting crimes to the FBI, because they showed negligence themselves in the Steinle case.

    The federal lawsuit claims (Sherriff) Mirkarimi negligently created a “no contact” policy preventing the Sheriff’s Department from disclosing the release date of undocumented immigrants to U.S. Immigration and Customs Enforcement officials in violation of federal law.

    As a result, ICE did not detain Garcia Zarate when jailers released him in March 2015. Kate Steinle died because of their negligence.

  • 2EdgedSword

    Background check the politicians and citizens of these sanctuaries so we can send pedophiles, rapists, illegals, muslims, and socialists to FEMA camps. Apply the same computer analysis to past election results to identify dead men voting, falsified vote counts, etc. Who do we sue to squeeze the blood out of this criminal hotspots in our nation?

    • joyfulgiver

      Apply the same computer analysis to past election results to identify dead men voting, falsified vote counts, etc.

      Better yet…swipe the voter records clean, require every American to re-register to vote, every 10-15 years. It’s obvious the states don’t have systems in place to deleted the dead and keep illegals from registering to vote. So, this would be one way to clean it all up.

      • scott

        Love that idea, but let’s call for wiping the voter register every 4 years!

        • CPO(Ret)_Luv’n_Life

          Agree, every Presidential Election, people should have to register again. I’ve lived in Missouri for 18 months now, and I still get absentee ballots from Oregon. Granted, for 24 years, I received those same absentee ballots around the world. Do DMV’s not talk? I’ve also had a Missouri driver’s license for the same 18 months.

          • scott

            Really? That explains the sad state of affairs in the state government here in Oregon.

          • CPO(Ret)_Luv’n_Life

            Yes, and my Oregon driver’s license expired, I believe, 60 days after I retired from the Navy. According to the Oregon DMV, I haven’t been driving legal for 16 months, so I’m wondering why they are still sending the ballots. Granted, ballots come from the County Seat and DMV is state governed, which means they’re not sharing information.

          • Hmmm ~ I’ better write AZ a wee note:
            Dear Arizona,
            My husband (now deceased) and I moved out of your State in 2001. Please remove us from your voting roles. Thank you, AWR

          • Bud

            If the voting system in your county in Arizona is run by Democrats/CPUSA that would just give them two names they can be sure to vote under the table.

          • You mean
            damned if I do, damned if I don’t?

          • Bud

            If the voting system in your county in Arizona is run by Democrats/CPUSA that would just give them two names they can be sure to vote under the table.

          • Bud

            Eighteen months is not a sufficient time to use as a standard. I made the decision to move a few years back and did he initial stuff by registering to vote and registering my vehicle in my new state. Due to the amount of personal possessions I had stored in various locations, and real property that was owned, it actually took me four years to complete my move, which was finally accomplished, at long last, close to 4 1/2 years ago. (I wonder if I’m still voting in my previous state, though I did vote absentee in my new state during that ordeal.)

            Yes, DMVs do talk, when your new state initiates the contact. When I brought my old state’s drivers license to the DMV in my new state they were able to find it in the system, even the fact that it had been renewed about six months prior. The DMV databases, however, are not the basis for the voter registry. It would appear that it is the people who run the voting systems who do not talk to each other. When I registered to vote in my new state my registration in the previous state should have been canceled.

      • 2EdgedSword

        Best idea I’ve heard yet. You should repeat this offering until it catches on.

      • Bud

        It’s my understanding that a provision in the Voting Rights Act does require that states keep their voter rolls updated. However, every time a state has attempted to do so they have been stopped by activists legislating from the bench. It might “suppress” minority votes.

  • landy fincannon

    Looking for a payday.

  • Joaquin Quinones

    perhapt’s now you could realize how stubborn you have been by giving shelter to the same people you sanctuary spoon feed then get bit in response to a thank you,

  • PatrickJ

    San Francisco, Philadelphia, and New York City filed the lawsuit against the Pentagon in federal court Tuesday, saying it did not properly report crimes to the FBI.

    Excuse me, but the three cities listed in this article are all cities run by flaming Liberals. Not sure about New York and Philadelphia, but San Francisco is a “Sanctuary city.”

    Please tell me why then, that the picture accompanying the article is from the Texas Church shooting? Is it because the perp was a veteran and their lawsuit is against the Pentagon? If that is true then why was Kate Steinle’s family’s lawsuit denied? You can’t sue San Francisco? You can’t sue Homeland Security? But you can sue the Pentagon?

    The attorneys representing the Steinle family are appealing the decision, by the way.

    • grandmother5

      liberal privilege.

  • Charles Martel

    Ironic: these suing cities are sanctuary cities which protect illegals.

  • JL Ziegler

    Someone needs to defund sanctuary cities and use that money to hired helpers for the Army. Seems when you join the Army you mind isn’t focused on filing papers.

    • CPO(Ret)_Luv’n_Life

      Isn’t the Army the same organization that is allowing people with documented mental issues enlist? The pentagon gets it wrong on so many counts. I’m mean really, they let Bowe B. walk.

  • CPO(Ret)_Luv’n_Life

    These cities don’t care about the victims, they want $$.

    • And they figure the Pentagon has the deepest pockets.

      • CPO(Ret)_Luv’n_Life

        The federal gov’t needs to fight back and counter-sue these cities. Every time there is a murder, the feds need to blame the Mayors and/or Governors for not protecting their citizens. When there are repeat offenders, because the cities fail to keep felons locked up, the feds need to take away some financial support to those cities. When they start losing money, they may change their tune.

    • And they figure the Pentagon has the deepest pockets.

    • Akjustice

      Exactly right chief

    • Akjustice

      Exactly right chief

    • Bud

      Why would they be entitled to $$? They have not suffered any financial loss.

    • Bud

      Why would they be entitled to $$? They have not suffered any financial loss.

  • CASSY IS SASSY

    These cities want to PROTECT all the ILLEGAL’s in their cities…….Which means once they have been arrested for ANYTHING and it is found they are NOT Legal , these cities should REPORT them.
    But they DON’T & WON’T do that…..BUT everybody else has to follow the RULES????
    Pffftttt! You can’t just pick which RULES you want to follow or which ones to have followed.

    • PatrickJ

      That’s my girl! Pointing out the absurdity of what politicians say, as opposed to what they do.

      • CASSY IS SASSY

        Typical Liberal Leftist mentality.Do as I say…Not as I do.

        ~Personal Note~
        Happy New Year, patrickJ

        • PatrickJ

          Let us hope it is indeed a Happy New Year, Cassy. We could use one right now.

          • CASSY IS SASSY

            Well……..We have President Trump on our side…So that is a GOOD start! : )

    • Ray

      Cassy, Libs are only responsible for other people’s behavior. What they do and say doesn’t count.

  • Sage54

    Typical

  • anotherday

    Do any of these cities have cause to sue?
    They’ve had damages from someone as a result of piss poor reporting by the military?

    • notwar

      They have had damages because of their own politicians claiming “sanctuary cities”. They should be suing themselves into oblivion.

  • Robert Johnson

    Three of the worst cities shouldn’t be able to sue the Federal Government when they refuse to comply with ICE agents which causes more crime and murders than any ex military ever will ! And all of the non reporting happened under obomas watch, sue obama !!!

  • notwar

    These are the same “sanctuary cities” that allow criminal illegals to roam free and protect them from deportation??

    • Akjustice

      Indeed. The same Sanctuary cities whom’s juries find gun-toting illegals not guilty of murder.

      • “The” Bobguy

        Beat me by 3 hours.

    • Chkitout1

      Someone should file a class action lawsuit against the sanctuary cities for not protecting their citizens.

    • seawulf

      Yep. Ironic, isn’t it? They work dilligently to protect the criminals, yet want to sue the Dept of Defense for not properly report crimes? Funny how these same cities willfully violate federal immigration law and don’t see it as a problem.

      • PatrickJ

        Boggles the mind.

        • Expat47

          But only minds with active brain cells.

      • landy fincannon

        More importantly, they have yet to suffer and repercussions for their lawlessness.

    • Zinc Man

      Absolutely right notwar !!!

    • kaiju

      This is the predictable liberal response to everything. Accuse others of what you did.