Gun Control & RKBA
In reply to the discussion: Ed Schultz "Democrats did themselves NO favors last night. [View all]Lurks Often
(5,455 posts)1. We have laws against straw purchases, however the Federal and state law enforcement agencies and prosecutors rarely try to prosecute a straw buyer.
2. Any firearm that is purchased from FFL or crosses state lines requires a background check under Federal law. State laws vary from state to state in regard to private party sales between two residents of the same state. A bill that private sales require a Federal background check is unlikely to pass Congress, in part because both sides start attaching amendments to the bill that the other side finds objectionable and in part because many of the politicians in more rural areas recognize that their constituents don't want such a law passed.
Additionally, even if such a bill passed through Congress and was signed by whoever is President, it is extremely likely that the law would be challenged by numerous states contending that the Federal government is in violation of the 10th Amendment. I would expect such a court case to reach the Supreme Court. A court case that involved the limits of the 10th Amendment would almost certainly have broad implications on any number of things unrelated to firearms.