THE BURNED OVER DISTRICT

And because they are so big and pretend they are so necessary, the Pentagon has consistently failed to provide information from the military justice system to the federal background-check database. Now several cities, in an effort to protect their citizens are suing the Pentagon to change that sorry situation.

The Pentagon has for years defied federal laws intended to keep guns out of the hands of felons and domestic abusers by failing to report many criminal convictions in the military justice system to the Federal Bureau of Investigation and to the national gun background-check database.

This is what allowed Devin P. Kelley, who was convicted of domestic assault in the Air Force, to buy at a store the rifle he used to kill 25 people, including a pregnant woman whose fetus also died, at a Texas church in November.

Now, after two decades of serious lapses — and one of the worst mass shootings in American history — officials from New York, Philadelphia and San Francisco are trying to force a change.

The cities have joined together to file a lawsuit in Federal District Court in Virginia that would require the Pentagon to submit to federal court monitoring of its compliance with the reporting laws it has broken time and again.

“This failure on behalf of the Department of Defense has led to the loss of innocent lives by putting guns in the hands of criminals and those who wish to cause immeasurable harm,” Mayor Bill de Blasio of New York said.


The cities say they are suing because their police departments regularly access the federal background-check database and rely on it to provide accurate information about who should be prevented from buying guns.

The Pentagon has repeatedly been chided since the 1990s by its own inspector general for woefully failing to comply with the law. In a 2015 report — and another one issued just a few weeks ago — investigators said that nearly one in three court-martial convictions that should have barred defendants from gun purchases had gone unreported by the military.

Having a federal court oversee compliance, the cities in the lawsuit say, would reduce the chance that a tragedy like the massacre in Sutherland Springs, Tex., happens again.

If the lawsuit is successful and the military fails to adhere to a court order to demonstrate compliance with the law, a federal judge could hold the defendants in contempt, lawyers for the plaintiffs say. The lawsuit names as defendants the Defense Department and its secretary, James N. Mattis; the Departments of the Air Force, Army and Navy and their respective secretaries; the directors of the military’s criminal investigative organizations; and the commander of the Navy’s personnel command.

Generally, the military is required to report felony-equivalent court-martial convictions for crimes that are punishable by more than one year in prison, and any convictions for domestic violence. As with those of similar convictions in civilian courts, the records are supposed to block defendants from buying guns.

The military must also report anyone who receives a dishonorable discharge, which precludes gun ownership. Federal law also bans ownership by drug abusers, people subject to certain restraining orders, and mentally ill people.

Perfectly reasonable requests for information that within the military structure would prevent anyone from acquiring or using weapons. And we now know how dangerous failing to pass on that information can be. Hopefully the courts will find a way to enforce comoliance with the laws in place.