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Cities sue Defense Dept. over gun-check system failures In this Tuesday, Nov. 28, 2017 photo, Joe Holcombe, left, visits with attorney Rob Ammons, right, as he waits for an interview, in San Antonio. Holcombe, who lost eight members of his family in a shooting that killed more than two dozen people at a Texas church including his son Bryan, filed a claim on Tuesday against the U.S. Air Force, alleging the agency's failure to report the criminal history of the gunman to an FBI database used to check the backgrounds of gun buyers helped cause his loved one's death. The Associated Press Tuesday Dec 26, 2017 at 9:30 AM Three large U.S. cities have filed a federal lawsuit against the Defense Department, saying many service members who are disqualified from gun ownership weren't reported to the national background check system. The Associated Press NEW YORK — Three large U.S. cities have filed a federal lawsuit against the Defense Department, saying many service members who are disqualified from gun ownership weren't reported to the national background check system. New York City, San Francisco and Philadelphia filed the lawsuit Tuesday in Virginia. The cities argue the Defense Department failed to report "significant numbers" of disqualifying records to the FBI's national background check system for gun licensing and sales. That failure allowed a disgraced former Air Force member to buy a high-powered rifle and shoot 26 people to death Nov. 5 in a Texas church. Local law enforcement officials rely on the FBI's database to conduct background checks on gun permit applications and to monitor purchases. The lawsuit says it must be up to date. Federal officials didn't immediately comment on the lawsuit.