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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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Massachusetts: Sunday Hunting Stripped from Budget

Thursday, June 11, 2026

Massachusetts: Sunday Hunting Stripped from Budget

House democrats have stripped provisions from the budget bill, H.D. 6042, that would have ended the Commonwealth’s ban on Sunday hunting, in addition to expanding land access and increasing opportunities for crossbow hunting. 

Report Provides Context on “Machinegun-Convertible Pistol” Panic

News  

Monday, June 8, 2026

Report Provides Context on “Machinegun-Convertible Pistol” Panic

Anti-gun lawmakers and their gun control allies exploit menacing language to bolster their arguments against lawful arms: ordinary semi-automatic rifles and pistols become “weapons of war” and “assault weapons;” “large capacity magazines” actually refers to ...

Virginia: Court Reiterates Injunction on Private Sale Ban, as Anti-Gun Lawmakers Mislead Public

News  

Monday, June 8, 2026

Virginia: Court Reiterates Injunction on Private Sale Ban, as Anti-Gun Lawmakers Mislead Public

Last October, a judge in the Circuit Court for the City of Richmond ruled in the case Raul Wilson, Wyatt Lowman, Virginia Citizens Defense League, Gun Owners of America, Inc, and Gun Owners Foundation v. ...

Florida Attorney General, Law Enforcement Commissioner, and State Attorneys Agree Florida’s Waiting Period Law Violates the Second Amendment in NRA Challenge

Friday, June 5, 2026

Florida Attorney General, Law Enforcement Commissioner, and State Attorneys Agree Florida’s Waiting Period Law Violates the Second Amendment in NRA Challenge

Today, the parties in the National Rifle Association’s challenge to Florida’s firearm waiting period law jointly filed an Offer of Judgment asking the U.S. District Court for the Middle District of Florida to declare the ...

New York:  Gov. Kathy Hochul Signs Gun Ban in State Budget Process

Wednesday, May 27, 2026

New York: Gov. Kathy Hochul Signs Gun Ban in State Budget Process

On Wednesday, May 27, Gov. Kathy Hochul signed S.9005C, which “enacts into law major components” of the state’s public protection and general government budget.

UN Officials Declare “We Have Lawyers” After Forcing Through Another Controversial Small Arms Outcome Document

News  

Wednesday, June 10, 2026

UN Officials Declare “We Have Lawyers” After Forcing Through Another Controversial Small Arms Outcome Document

The United Nations’ Ninth Biennial Meeting of States to Consider the Implementation of the Program of Action to Prevent, Combat, and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects ...

NRA Files Lawsuit Challenging Maryland’s Glock Ban

Wednesday, May 27, 2026

NRA Files Lawsuit Challenging Maryland’s Glock Ban

The National Rifle Association, Firearms Policy Coalition, and Second Amendment Foundation filed a lawsuit yesterday challenging Maryland’s ban on Glock and Glock-style handguns.

California: Multiple Anti-Gun Bills Scheduled in Committee

Tuesday, June 9, 2026

California: Multiple Anti-Gun Bills Scheduled in Committee

On Tuesday, June 16th,the Senate Public Safety Committee will hear several anti-Second Amendment bills, including AB1743, AB1753, and AB1810. Additionally, on June 23rd, the Senate Judiciary Committee will hear AB 2047, a proposal that effectively ...

Rhode Island: Legislature Ends 2026 Session

Friday, June 12, 2026

Rhode Island: Legislature Ends 2026 Session

Lawmakers dropped the final gavel on this year’s legislative session late Thursday night.  It is always good news for Rhode Islanders when anti-gun politicians go home for the year, but this year was a double ...

NRA Files Lawsuit Challenging Post Office Carry Ban

Tuesday, May 26, 2026

NRA Files Lawsuit Challenging Post Office Carry Ban

The National Rifle Association, Gun Owners of America, Gun Owners Foundation, and three NRA members today filed a lawsuit challenging the federal prohibition on carrying firearms at United States Post Offices.

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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.