General Discussion
In reply to the discussion: New Rule [View all]pipoman
(16,038 posts)and it would meet with people's approval. I believe strongly that the issue with a federally mandated requirement for background checks cannot pass constitutional review. The commerce clause does not allow federal jurisdiction over intrastate sales of legal to own (in this case, arguably even enumerated right) private property between residents. This is why this has been the only exemption since 1994 when the Brady Bill became law. It wasn't exempted because of some big money push...because there isn't any centralized money behind private shotgun sales between neighbors, or even some guy who bought a AR-15 and needs food worse than he needs a gun, selling it in a classified ad. What money there is, is in new guns and accessories. Accessories doesn't care. Why wouldn't gun manufacturers want used gun sales to require the same scrutiny as the sales they are making? No, it is a constitutional fight they know they can't win.
This will have to be a state issue. To improve the numbers of states requiring private sale checks the NICS has...must..be opened to private sales transfers through FFL dealers...this must happen..it is such a complete no-brainer...