NEW YORK (CBSNewYork/AP) — New York was one of three cities that filed a lawsuit Tuesday against the Pentagon over gun deaths – including the recent Texas church rampage.

As WCBS 880’s Ethan Harp reported, the federal complaint by New York, San Francisco and Philadelphia was filed on Tuesday in Virginia.

The complaint accuses the Department of Defense of failing to report when many service members are disqualified from owning a gun.

The Air Force did not alert the national background check program when one of its members was convicted of attacking his wife and young son, so Devin Kelley was free to buy the high-powered file that killed 26 people in Sutherland Springs, Texas last month.

Mayor Bill de Blasio said, “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.”

Pentagon spokesman Tom Crosson said the department is continuing to work with the U.S. military leaders to refine their policies.

(© Copyright 2017 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)