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Loop-hole, technicality... that's just semantics. People who make laws are human, and thus prone to an occaisional oopsie. Whether this was a deliberate oversight/choice/compromise, or an oopsie I couldn't say however. I don't believe a private sale should be required to engage a private third party. If they want to require a NICS check, they should require it in such a way that the fee is strictly regulated to the cost of the paperwork, not a third party free market transaction.
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