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Old April 17, 2013, 04:09 PM   #341
Spats McGee
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Join Date: July 28, 2010
Location: Arkansas
Posts: 8,817
Quote:
Originally Posted by JimDandy
Quote:
Originally Posted by Spats McGee
Also, the requirement that a NICS check be performed "when a federally licensed firearms dealer sells a firearm" is completely different in scope (tailoring) than a requirment that one be performed "when a person other than one licensed by the federal government sells a firearm."
Can you explain why? The person selling the firearm is a private citizen one way or another. The firearm is the same firearm.
The short story: Firearms dealers are federally licensed. Private individuals are not.

Longer: First of all, firearms purchases have not required background checks. In 1933, a 10-year-old could have ordered a machine gun through the mail, and it would have been delivered to his door. When Congress went to make background checks mandatory for FFL purchases, it claimed the power to regulate firearms dealers, because firearms travel in interstate commerce. However, once it becomes the personal property of an individual, there's no grant of Congressional authority to regulate its disposition.

As far as citing cases involving NICS denials and no-fly lists, give me a few minutes and I'll run a Westlaw search or three.
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