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Originally Posted by JD
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.
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When you purchase from a store, you are purchasing from a federal licensee. The federal government has some authority to regulate its licensees. The purchase at a store is a two-party transaction. Both parties, the seller and the buyer, are necessarily present for that transaction.
Where is the federal authority to regulate the conduct of an individual who is not a federal licensee? If you require two non-licensees to work through and FFL, you have not only expanded federal authority to cover non-licensees, you have also converted that transaction into a three-party transaction. A three party transaction is significantly more complex to arrange than a two-party transaction. It inevitably also includes additional costs.