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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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Supreme Court Signals It May Rein In Federal Rulemakers

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Monday, August 8, 2022

Supreme Court Signals It May Rein In Federal Rulemakers

While most of the attention from the end of the United States Supreme Court’s last term focused on several landmark cases, including a major win for gun owners in the NRA-supported case New York State Rifle ...

When Seconds Count, the Police are Only Hours Away

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Monday, August 8, 2022

When Seconds Count, the Police are Only Hours Away

After violent unrest and looting in 2020 that Chicago mayor Lori Lightfoot admitted had “spread like wildfire” throughout parts of Chicago, the mayor nonetheless “urged Chicagoans not to take matters into their own hands in this concealed ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

House-Passed Gun Ban Shows the Importance of the Election This November

News  

Monday, August 1, 2022

House-Passed Gun Ban Shows the Importance of the Election This November

On Friday, after a last-minute rule change to allow its consideration, the United States House of Representatives passed H.R. 1808.

NRA-ILA Backed Lawsuit Challenges California’s Ban on Promoting Youth-Hunting and Youth-Shooting-Sports Programs.

Friday, August 5, 2022

NRA-ILA Backed Lawsuit Challenges California’s Ban on Promoting Youth-Hunting and Youth-Shooting-Sports Programs.

Today in an NRA-ILA-backed lawsuit, a coalition of groups that offer and promote youth-firearm safety, youth-shooting sports, and youth-hunting and hunter-education programs filed a lawsuit challenging a newly passed California statute that prohibits them from ...

Colorado Update: Boulder County Adopts Gun Control Package to Infringe Second Amendment Rights!

Thursday, August 4, 2022

Colorado Update: Boulder County Adopts Gun Control Package to Infringe Second Amendment Rights!

This week, the Boulder County Commissioners unanimously voted to pass a gun control package consisting of five ordinances to infringe on your Second Amendment rights. Commissioner Matt Jones claims these ordinances are “common-sense gun violence laws designed to ...

Oregon: Faulty Gun Control Ballot Measure Summary Approved

Friday, August 12, 2022

Oregon: Faulty Gun Control Ballot Measure Summary Approved

This week, the Explanatory Statement Committee approved Ballot Measure 114’s (formerly IP 17) summary that will appear in the voter pamphlet.

NRA Achieves Historical Milestone as 25 States Recognize Constitutional Carry

News  

Friday, April 1, 2022

NRA Achieves Historical Milestone as 25 States Recognize Constitutional Carry

Half the country will now enjoy the freedom to carry a handgun for self-defense without a permit from the state thanks to the tireless efforts of men and women of the National Rifle Association. 

Another Good Guy with a Gun Stops the Bad Guy

News  

Monday, July 25, 2022

Another Good Guy with a Gun Stops the Bad Guy

On July 19, 22-year-old Elisjsha Dicken was shopping with his girlfriend at the Greenwood Park Mall in Greenwood, Ind. when a gunman armed with a rifle opened fire in the food court. Upon witnessing the ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Monday, June 30, 2014

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

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NRA ILA

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.