Three cities failed to compel the Department of Defense to promptly comply with its obligations to report information needed for gun background checks.
The suit under the Administrative Procedure Act by New York, Philadelphia, and San Francisco was properly dismissed for lack of jurisdiction, the U.S. Court of Appeals for the Fourth Circuit said Jan. 16.
The Brady Handgun Violence Prevention Act established the National Instant Criminal Background Check System (NICS to be used for federal background checks during gun purchases.
DOD is statutorily required to provide data to the system, but has always struggled to meet its obligations.
The ...
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