[wita]

I understand (if I understand) private sales are not covered by background check rules, so if I understand, your answer is incomplete or doesn’t apply, and the same goes for Lurker’s non answer. I’ll agree that attempts to blame or cast dispersions on the NRA are a bit far fetched.

[Spktyr]

Correct, private sales are not required to have background checks. *HOWEVER*, many private sellers are now insisting on background checks unless the person is already known to them.

That said, it is *still* illegal for them to purchase a gun due to their mental defect. Don’t confuse “physical ability to obtain a gun” with “ability to obtain a gun legally.”

It is illegal for a mental defective to possess a firearm in the United States. Period - doesn’t matter if he got it by lying on his 4473, duping a private seller, stealing it, or buying it off the black market - it is still illegal.

[Neu Pragmatist]

That depends on which state and which locale . It varies widely .
This wasn’t a private sale . The fact remains that he went through a licensed dealer (who did his job correctly). The state failed to notify NICS, where it would have then been a denial of transfer . It’s as simple as that .

[bruoz]

Federal law prohibits the possession of firearms and ammunition by anyone that has been adjudicated as mentally defective. If the purchaser answers no (lies) on the Form 4473 this disability would only be revealed to a licensed dealer by the NICS check if all of the states have provided the NICS data base with this info.

Many states like Florida and Virginia provide their own background check systems as a substitute for the NICS check with federal approval. The reason they do this is that they charge a fee that generates an income source and state jobs as opposed to the federal NICS check which is free (thanks to the NRA).

Any person who knowingly transfers a firearm or ammunition to a prohibited person also commits a federal crime.