To clear some up:
I see very little difference between applying the NICS/4473 process exactly as it is now on private(retail) sales at a store to private(secondhand) sales between two non licensees- which use a FFL as a middleman.
Whether you think it's right or wrong, I haven't seen anyone on either side come up with a convincing legal argument why retail sales aren't private sales, or why they're interstate trade (under the current definition) and a person to person sale is not.
The NICS system is not perfect. But any false positives that arise there with a person to person sale will arise in a retail store.
Any false positives in either location would still provide the same mechanism for redress.
|