I am not sure because I get rushed at work typing. And some times my brain follows a line of thought prompted by someones response, but it isn’t a direct reply.
Yes, this would cut down on those types of sales, but I haven’t seen any evidence that type of sale happens very often. That is a clean and clear person with good intentions sells to someone who is prohibited. “Tricked” into it. I am sure it happens, but it is fairly easy to protect yourself from this. Several BST groups I was in even policed members and warned others if someone was shady.
I am sure there are many more sales or “lending” where the person KNOWS the other person can’t buy a gun normally. But I am not convinced if you are willing to straw purchase for you boy friend or cousin or buddy, that an extra law is going to make you stop doing what is already illegal.
That is the grey area for “what constitutes a business”. Selling and flipping guns can be a fun hobby, but if it is a business you need an FFL. There is no hard and fast rule about it, though. IIRC more people had FFLs and were known as “kitchen table” dealers, which allowed them to have things shipped directly to them. But in the 90s they wanted to do away with that and make it so you had to be a legit store front. I know people who are just rabid collectors who get flagged for too many guns in a month, and got a visit from the ATF to confirm they weren’t running a business. Though a lot of times those NEW purchase, vs used. Also many collectors do have a C&R license - curios and relics, allowing them to trade and sell older guns easier.
That is the way it should be, and I think most FFL holders take the task seriously.
I know there are some stores and pawn shops who are known for being lax on things, but I honestly don’t see how the ATF can’t enforce this better. That honestly seems like a great place to focus on.
Again, if you go out of state to buy a gun, and walk out the door with one, you’re breaking the law. I don’t see how a pawn store could sell to an out of state resident. If you go to a different state and see a screaming deal, you can by it, you have to have it shipped to an FFL in your state and run a background check. If it is a private person, most people will ask to see some sort of ID to confirm they are from their state. If they are out of state they would have to ship to an FFL (I think some states allow long gun exceptions, but in gun crime we are mostly talking handguns). Back when Facebook allowed sales, asking for a CCW card was pretty common. Anyone who doesn’t give a shit if you are from one state or another is already breaking the law and I don’t see how adding one more law is going to get them to stop. Especially when they are a minority of all private sales, I see it as extra “security” that doesn’t DO any actual good. (And as an aside, as far as “freaking out” over such a law, I’d disagree with it, but at least it is just a hassle and not a prohibition. But again, I don’t see it doing anything. Just like why I am against surveillance and laws that invade privacy.)
You didn’t, but when it comes to this topic, I think too many people think this is just a matter of one or two “common sense” laws to make America safer (though we are still on a down ward trend crime wise, despite the Orwellian politics telling use danger is behind every corner.)
But I did want to expand on my statement in general (not direct reply to you). I think many people think we need to get “tougher” on gun crime. I agree that it seems like law enforcement doesn’t have it as a #1 priority to hound out people breaking the law. But I also have to ask, do we really want that or at what level is “acceptable”? I mean things like Stop and Frisk were made in part to take weapons off the street. Let’s be honest, that did have SOME effect in that respect. At the same time, it was a horrible program violating the rights of many Americans and unfairly targeted minorities.
I am already treated like a criminal with the drugs I need, it’s annoying to be treated that way with weapons or flying or privacy on my computer/phone etc too.