Fundamental Flaw
I see a lot of argument about who should be obliged to use NICS and when it should be used and why or why not it should be compulsory.
The entire concept of NICS is flawed*. To the point where, since it doesn't achieve its stated aims, and yet is still enthusiastically enforced by the government, I have to believe that its actual purpose is not its stated purpose.
It is utterly ineffective at keeping arms out of the hands of criminals.
It increases cost and inconvenience for dealers and customers alike.
Arguing the nuance of a failed system validates the idea that if you do something wrong in just the right way, with enough funding and effort and with equal application, that it will somehow no longer be the wrong thing.
There were no problems solved by enacting NICS, other than providing "something substantial" for the guy who thought it up, so he could have it on his resume as an "accomplishment" so as to further his career.
There was no dramatic reduction in crime when firearms dealer licensing became mandatory.
What
has been accomplished by ever more onerous licensing and paperwork and record keeping requirements is the creation of criminals by fiat.
Arresting and convicting someone of a clerical crime, that's a crime simply because you declared it so, is not being "tough on crime," it simply creates more traffic in the courts and feathers the nests of lawyers while the actual practitioners of
mens rea are out there doing violence to individuals and communities.
So I propose that we quit bickering about the proper application of a wrong idea. NICS is a wrong idea. Its elimination will spur commerce and allow more people to be properly armed.
(*flawed: Given that the system assumes the guilt of anyone wishing to purchase firearm. In essence: "only criminals want to have guns, you want a gun, ergo you are -- by default -- a criminal, and we must therefore verify that you are not a criminal." Prior restraint is not consistent with liberty, no matter the excuse.)