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A proposed rule from the Bureau of Alcohol, Tobacco, Firearms and Explosives will soon take effect, forcing many private gun sellers to use the National Instant Criminal Background Check System to sell their guns.
Federal Firearms License holders are required to conduct background checks on all gun sales and transfers because of the Brady Act . That act created the NICS, and, since then, all retail sales of both new and used guns have been conducted via the NICS. Democrats have pushed to include private sales in the NICS requirement. However, Congress — even when controlled by Democrats — has refused.
The ATF’s rule changes language so that there is no clear line of demarcation between private gun sales and guns sold by FFL holders. Ambiguity is introduced into the equation, forcing every seller to prove he is not trying to make a profit, lest he be required to ensure the purchaser undergoes the NICS before taking possession of the firearm.
The expansion of point-of-sale background checks allows the government to better ascertain the location of all guns in America by enlarging the paper trail on firearms. Before 1993, there was no retail background check requirement, which means there was no paper trail on traditional firearms sold between 1791 and 1993.
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