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pipoman

(16,038 posts)
4. There has never been another background check requirement
Thu Jun 13, 2013, 02:30 PM
Jun 2013

unless you are talking about the brief time between passage of the Brady Bill and the establishment of the NICS system. The flaw in the current system isn't a "loophole". It was intentionally written to exclude sales between 2 people of the same state who do not have federal firearms licenses and are not in the business of selling guns. This was originally exempted because nobody believed then (and also now) that a challenge based on the commerce clause would survive..the feds have no jurisdiction over private party sales of legal personal property between residents of the same state. Every other possible scenario requires a background check..internet sales outside of ones state of domicile, guns sold at gun shows by ffl dealers, guns sold to people in different states, etc.

A lot of people wish there were checks on private sales..myself included, however it will almost certainly have to be done at the state level as several states have already done..maybe someday there will be enough states requiring it to meet the threshold for an amendment exempting gun sales from the limitations of the commerce clause..

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