Stores have to follow federal law which requires a background check. The majority of states require nothing for a private sale. Also note, the Feds define a commercial gun seller (who then has to have an FFL and do background checks on all sales) as someone “who makes the majority of their living from gun sales”. If you are making private sales in a state that has no extra requirements, no one knows how much you are making selling guns, so proving that you are a “dealer” and need an FFL is pretty much impossible. You can have a minimum wage job and triple your income selling guns on the side without ever being a licensed dealer in most states. Google “straw purchase” and “cutout” in respect to guns sales.
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