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Originally Posted by DonR101395
Sounds more the the enforcement isn't working.....i.e. non existent. By your own admission when the BATF enforced it by issuing a desist letter it worked.
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I think there is no law to work in this case.
Maybe I am confused but I have seen the thread go one way concerning who is and who is not a dealer of firearms.
That is one point but the other point is that FTF sales do not require a backgound check and therefore leave open an avenue to nuts and crooks to buy firearms they are not legally allowed to own or possess.
IIRC as long as the seller does not know beforehand that the person he sold to is a part of the prohibited class, the seller has done nothing illegal. So, the background check could be construed as
protecting said private seller from selling to a nut or crook?
Or, are you saying that all these folks I see walking around in gun shows with rifles slung over their shoulders and pistols in their belts who will sell to anybody with cash, no questions asked, should be considered dealers by the BATFE and then arrested for selling firearms without a FFL? Would that fly legally in a prosecution?