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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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Pro-2A Journalist Awarded in New Jersey: Further Proof the Garden State is Savable?

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Monday, January 5, 2026

Pro-2A Journalist Awarded in New Jersey: Further Proof the Garden State is Savable?

It’s rare to see journalists write accurate articles about the Second Amendment and the right to self-defense, and even more rare to see them receive accolades from their mainstream peers for such articles.  

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

Monday, January 5, 2026

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

On Friday, Jan. 3, a divided three judge panel of the U.S. Court of Appeals for the Ninth Circuit held that California’s ban on open carry in counties with a population of greater than 200,000 ...

More Anti-Gun “Trajectories” and “Experiments” on the Horizon in Illinois for 2026

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Monday, January 5, 2026

More Anti-Gun “Trajectories” and “Experiments” on the Horizon in Illinois for 2026

As a new year begins, a timeless new year resolution remains: Work hard to ensure your state does not become like Illinois. As multiple firearm-related news outlets revisit the highs and lows of 2025, it ...

2025 Litigation Update

Wednesday, December 31, 2025

2025 Litigation Update

In 2025, the National Rifle Association defeated New Mexico’s 7-day waiting period for firearm purchases, the ATF’s “engaged in the business” rule, the ATF’s “pistol brace” rule, a lawsuit seeking to ban lead ammunition in ...

North Carolina: Update on Permitless Carry

Tuesday, December 16, 2025

North Carolina: Update on Permitless Carry

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

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

U.S. DOJ and 25 States File Amicus Briefs Supporting NRA Challenge to California Ammunition Regulations

Tuesday, January 6, 2026

U.S. DOJ and 25 States File Amicus Briefs Supporting NRA Challenge to California Ammunition Regulations

The U.S. Department of Justice and a coalition of 25 states have each filed amicus briefs in Rhode v. Bonta, a case backed by the National Rifle Association and California Rifle and Pistol Association challenging California’s ...

2025 Grassroots Year In Review

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Wednesday, December 31, 2025

2025 Grassroots Year In Review

As 2026 starts, we want to pause and recognize what we have accomplished together in 2025—and, more importantly, the work that all of you contributed to help us achieve these victories.

Sole Remaining Municipal Gun-Industry Lawsuit Grinds to Final Defeat

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Tuesday, January 6, 2026

Sole Remaining Municipal Gun-Industry Lawsuit Grinds to Final Defeat

In 1999, when the rest of the country was fretting over the potential Y2K disruption of worldwide computer systems, the City of Gary, Indiana launched its lawsuit against handgun manufacturers, retailers and a wholesaler, raising ...

California: 2026 Legislative Session Is Now Underway!

Monday, January 5, 2026

California: 2026 Legislative Session Is Now Underway!

Today, January 5th, the California Legislature reconvened for the 2026 legislative session, marking the second year of the two-year legislative cycle. As in years past, gun control advocates are expected to continue pushing their anti-gun ...

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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.