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Texas' attorney general said it was human error that allowed guns to get into the hands of the shooter who killed 26 people in a Texas church on Sunday.

"The system broke. We should have caught this," Texas' top cop Ken Paxton told "America's Newsroom." "This guy should have never been able to get these weapons."

The Air Force neglected to log the domestic abuse charges that got airman Devin Patrick Kelley, 26, discharged. The charges did not show up in his background check and he was able to purchase the guns that he used in Sunday's massacre.

"We had existing law," Paxton said. "Had it been followed we might not have 26 dead people."

"I think some of these people that are crying for new law ought to really focus on enforcing what we have," he said.

Paxton added that whoever dropped the ball on entering Kelley's history of violence potentially faces a criminal case for negligence.

The gunman had "severe problems that I think should have been recognized," the attorney general said, saying perhaps his family members should have notified authorities.


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