In NY under the safeact you have t go through a FFL but I don't know anyone that is complying with the law. Everyone does things the way they used to.
That sounds good . . . until you're the first one to run afoul of a law enforcement officer who goes by the book.
Or that gun gets stolen from the guy you sold it to and then they ask where he got it from and he says he bought it directly from you. Then you have to answer to law enforcement.
Though you may not agree with the law, it is always best to follow them and do what you are supposed to.
In states where person to person sales are legal, a seller requiring a background check either is ignorant of the law or just would like to know that the buyer will pass a background check. Not all that unreasonable if the buyer is completely unknown to the seller.
For a deal to be blown over a background check and transfer fee, you must not want the gun bad enough. Besides, if the seller is insisting on the FFL transfer, then they should be willing to absorb the dealer transfer fee.
