If someone passes a background check a gun dealer is NOT required to sell to them.
As much as I disdain Walmart I have to hand it to them on their gun policy. Walmart in the lower 48 does not sell hand guns. Only in Alaska. There is zero tolerance for anything that might show up on the first two minute background check. They do not recognize the three day "proceed" policy if there is a blemish on the NICS even if it is resolved.
According to the Brady Campaign to Prevent Gun Violence only 5% of the gun dealers are responsible for the vast majority of traceable guns found at crime scenes. When I sold alcohol at a convenience store I was liable for damages and jail time if the customer was involved in an accident and was DUI. The police would know I sold to the DUI because they offer a reduced sentence if the DUI turns me in and you can damn well bet that's gonna' happen. I have to convince the court that he was sober when he bought from me (time lapse between sale and accident, witnesses to the sale, etc). Why not the same standard for guns?
If 95% of gun shops don't show up on the radar for crime guns, how hard would it be to crack down on the 5%?
Oh, I'm sorry, gunz is soooooo special.