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The Loophole in Background Check Thinking: Criminals Obey the Law

Friday, June 9, 2017

The Loophole in Background Check Thinking: Criminals Obey the Law

Gun control groups expend an awful lot of ink, time and money advocating for “common-sense public safety laws” like “universal” background checks because such restrictions, they claim, will keep guns out of the hands of criminals and other dangerous people.

It’s peculiar, then, that many of these entities don’t do a better job of background-checking their own adherents and associates. Not too long ago, then-California state senator Leland Yee (D), whose staunch support of gun control measures earned him a spot on the Brady Campaign’s “Gun Violence Prevention Honor Roll,” was accused of committing various felonies, including illegal firearms trafficking and money laundering offenses. Following a plea agreement in which he acknowledged his participation in a firearms trafficking conspiracy, among other offenses, Yee was sentenced to five years in jail.

Members of the Michael Bloomberg-founded Mayors Against Illegal Guns (MAIG), now reconfigured as Everytown for Gun Safety, popped up in the news with such embarrassing regularity due to arrests and convictions for crimes, including gun crimes, that the New York Post ran an editorial in 2013 titled “Illegal mayors against guns.”

And last month, a criminal complaint filed in federal court in Illinois alleges that a certain Francisco Sanchez violated a federal gun law that prohibits possession of a firearm by a felon. The snag is that at the time, Mr. Sanchez (a.k.a. “Smokey”) was apparently working as a supervisor at CeaseFire Illinois, as highlighted in a February feature by the Everytown-funded website, The Trace.   

The affidavit in support of the criminal complaint states that Mr. Sanchez was convicted of murder and aggravated battery in 1986, and adds the more disturbing allegation that he is the “national leader of the Gangster Two-Six Nation,” a street gang “prevalent throughout Chicago” and in other states. Mr. Sanchez’s arrest occurred as part of a larger federal investigation of gang-related gun and drug trafficking in which other suspected gang members or associates were apprehended and over 100 firearms were seized.

Of course, the complaint contains only allegations, not evidence, and Mr. Sanchez and his fellow defendants remain innocent until proven guilty. However, the arrests – which took place shortly before the Memorial Day weekend – coincided with a drop in gun homicides as compared to last year’s holiday weekend.

We’ve written before about how criminals get guns, including this study at Chicago’s Cook County Jail that concluded criminals bypass legal sources in favor of guns obtained from “family, gang members, or other social connections.”

Expanded background check laws won’t stop criminals because criminals ignore the law. Nonetheless, Everytown and others of its ilk will continue to call for ever-increasing restrictions and laws affecting law-abiding gun owners in the name of prohibiting felons, violent criminals, and gang members from obtaining guns. Honest gun owners will continue to do what they’ve always done: obey the law.

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California: Governor Newsom Signs Gun Control Bills Into Law

Monday, October 13, 2025

California: Governor Newsom Signs Gun Control Bills Into Law

For someone who has claimed to be"...deeply mindful and respectful of the Second Amendment and people’s Constitutional rights,” Governor Gavin Newsom has once again proven that actions speak louder than words.

First Affirmative Lawsuit in Support of Gun Owners Filed by Trump’s DOJ

News  

Monday, October 6, 2025

First Affirmative Lawsuit in Support of Gun Owners Filed by Trump’s DOJ

California officials’ egregious foot-dragging over the issuance of carry permits has finally attracted the ire of the federal Department of Justice (DOJ). 

Firearm Prohibition Advocates Mute on Jay Jones “Two Bullets to the Head” Scandal

News  

Monday, October 13, 2025

Firearm Prohibition Advocates Mute on Jay Jones “Two Bullets to the Head” Scandal

Democrat Jay Jones, candidate for Virginia attorney general, still has not suspended his campaign, even as pressure mounts over disclosures that should disqualify, to put it mildly, any individual from serving as the chief law ...

FBI Persists in Underreporting Armed Citizen Defensive Gun Use

News  

Monday, October 13, 2025

FBI Persists in Underreporting Armed Citizen Defensive Gun Use

Three years ago, Dr. John Lott of the Crime Prevention Research Center (CPRC), writing for RealClearInvestigations, described how the Federal Bureau of Investigation (FBI) was vastly undercounting, “by an order of more than three the number of instances in ...

NRA Files Another Lawsuit Challenging the National Firearms Act

Thursday, October 9, 2025

NRA Files Another Lawsuit Challenging the National Firearms Act

Today, the National Rifle Association—along with the American Suppressor Association, Firearms Policy Coalition, and Second Amendment Foundation—announced the filing of another lawsuit challenging the constitutionality of the National Firearms Act of 1934 (NFA).

NRA Files Lawsuit Challenging California’s Glock Ban

Monday, October 13, 2025

NRA Files Lawsuit Challenging California’s Glock Ban

Today, the National Rifle Association—along with Firearms Policy Coalition, Second Amendment Foundation, Poway Weapons & Gear, and two NRA members—filed a lawsuit challenging California’s Glock ban.

Rehearing En Banc Sought in NRA-Supported Challenge to New Jersey’s Carry Restrictions

Wednesday, October 8, 2025

Rehearing En Banc Sought in NRA-Supported Challenge to New Jersey’s Carry Restrictions

Today, the National Rifle Association announced the filing of a petition for rehearing en banc in Siegel v. Platkin, a challenge to New Jersey’s carry restrictions.

US Virgin Islands: Sweeping Gun Control Measures Advance

Wednesday, October 8, 2025

US Virgin Islands: Sweeping Gun Control Measures Advance

The 36th Legislature of the US Virgin Islands is continuing to advance sweeping gun control measures through the legislative process.

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Ban on Firearms Possession by Nonviolent Felons

Thursday, October 9, 2025

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Ban on Firearms Possession by Nonviolent Felons

Today, the National Rifle Association, along with the Second Amendment Foundation, Firearms Policy Coalition, and FPC Action Foundation, filed an amicus brief urging the U.S. Supreme Court to hear a challenge to the federal lifetime prohibition on ...

North Carolina: Update on Permitless Carry

Tuesday, September 30, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

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Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.