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In reply to the discussion: Armslist Lawsuit Seeks to Punish Online Gun Seller, Narrow Loophoole in Law [View all]Atypical Liberal
(5,412 posts)Private sales are not, and cannot, be regulated by the federal government, as they would be interfering with intra-state commerce.
In most states, you do not need a background check if you buy a firearm from a private seller. You can even ship it to them without involving an FFL or a background check as long as they are in the same state.
This situation is not unique to Armslist. You can go look in the Sporting Goods section of any local newspaper or printed classified ads and see guns for sale by private individuals. All you have to do is meet up with them and pay cash and you are done. Or, if they are in your state, you can mail it to them. However, most people prefer to meet in person prior to the sale to examine the gun.
I sold a gun this way via Gunbroker just a few weeks ago. I listed it nationally, but the guy who bought it lived in my same town, so we met up and did the deal out of the back of my car. Gunbroker has no control over this.