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Right now there is no federal law mandating BG checks on intrastate private sales (whether they are at gun shows or elsewhere). Dealers must do BG checks wherever they are. But there are some states that regulate private sales. I am not sure that this infringes on State's right's but it seems to to me:
‘(3) APPLICATION-
‘(A) AFFIRMATIVE DEFENSE- It is an affirmative defense to any prosecution for a violation of subparagraph (A) or (B) of paragraph (1) of this subsection or a violation of paragraph (1)(D) of this subsection that relates to conduct specified in subparagraph (A) or (B) of paragraph (1) that the firearm at issue was transferred only after a background check on the actual buyer pursuant to section 922(t) indicated that the actual buyer’s receipt of the firearm would not violate section 922 (g) or (n) or State law.
... to be very close to instituting back ground checks for all sales on all indivuduals at the federal level regardless of state law.
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