Right. From the BATFE's FAQ:johnpeace said:So, out of curiosity...
In those cases, who bears the burden of keeping the ineligible owner from buying a gun: the buyer or the seller?
I know it's against the law for certain ineligible people to own guns. What laws are there that regulate the selling of privately owned guns?
If private sellers don't have to do NICS checks, then surely the burden for determining the eligibility of the buyer can't be on the seller, right?
A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]