Why New York, Philly, San Francisco are Suing the DOJ over NICS
Three cities are suing the Department of Justice for its management of the FBI’s background check system.
New York, Philadelphia and San Francisco filed the lawsuit this month claiming that the Nov. 5 church shooting in Sutherland Springs, Texas, “could, and should, have been prevented.”
The deranged lunatic who shot and killed 26 people had a documented history of domestic violence while serving in the Air Force. He should have been listed in the FBI’s National Instant Criminal Background Check System (NICS) as a “prohibited person.”
However, the Air Force failed to turn those records over to NICS. Since those records were not reported, the killer was able to purchase the rifle he used in the attack from a gun store in San Antonio.
The lawsuit “seeks narrowly-tailored injunctive relief to make certain that never happens again.”
Attorney General Jeff Sessions has already ordered the FBI and ATF to do “a comprehensive review of the NICS.” But those municipalities believe the internal audit is not enough. They want an independent third party to get involved to ensure compliance and establish a timetable for completion.
“The national criminal background check system is the backbone of common-sense gun regulations,” San Francisco City Attorney Dennis Herrera said in a statement.
“The Defense Department’s failure to fulfill its legal duty and accurately report criminal convictions puts innocent Americans at risk,” he continued “It is past time to ensure that we’re doing everything we can to keep guns out of the wrong hands.”
The lawsuit comes on the heels of a “Fix NICS” bill that was added to the Concealed Carry Reciprocity Act of 2017. The House voted to pass the legislation earlier this month.
It seems that the holes in NICS are obvious enough to everyone at this point. Though, a word of caution to those who view a “fixed” NICS as a panacea for gun violence. It won’t be. Relying on a government system to keep you safe is like relying on the mainstream media to tell you the truth. In either case, you better have a backup plan.