Armslist, etc. are just a marketplace that make it easier to find a buyer for the gun. People still have to meet the legal requirements for the sale, which vary by state. People who want to discourage gun sales and gun ownership just want to complicate the sale by making it harder to find a buyer and adding a tax to the sale in the form of an additional background check. In my state, we check the permit of the buyer, which is a de facto background check with no added tax or complications. Works great.
I hope guy who stopped the shooting in Illinois today has no hard time getting a weapon.
We're all in agreement that private sales are used by criminals for gun trafficking. As NDakota implied, states putting such measures as background checks and records of transactions would drive a lot of gun commerce underground and create a "great market opportunity for an aspiring businessman" in that underground arms sales.
Mayors Against Illegal Guns found that states that do not require background checks for all handgun sales at gun shows are the source of crime guns recovered in other states at a rate more than two and a half times greater than states that do. Criminals will obtain guns. It's easy for one to travel to a gun show where private dealers don't do background checks and bring it back to commit a crime in a tough gun law state. Twenty-five to fifty percent of dealers at gun shows are private sellers without a federal license.
A study by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) from June 2000 reviewed over 1,500 ATF investigations and concluded that
gun shows are a “major trafficking channel,” associated with approximately 26,000 firearms diverted from legal to illegal commerce.
Similarly, no one is arguing that guns are sold to prohibited people through the on-line marketplaces like Armslist, which is even easier and less conspicuous than having to go to a gun show.
3 men charged with trafficking dozens of guns bought over Armslist.com to Chicago gang members (Chicago Trib)
In Illinois, private sales to anyone without a Firearm Owners ID card, a credential that demonstrates the buyer is legally allowed to own a weapon, is forbidden. But just south of the Ohio River, individual gun owners can legally sell to others without performing any kind of background check or verification. The gang members from the above story were able to buy ninety guns through Armslist from someone in Kentucky.
Armslist's lawyers point out that in order to enter their website, users must attest that they agree not to use its website for any illegal purpose. That with the NRA-backed
Protection of Lawful Commerce in Arms Act immunizes them from liability lawsuits.
Check out their website:
Armslist website
Any dumb criminal can "Agree", set up an account, and begin buying weapons. In a 2017 gun trace report, the city of Chicago noted that the number of guns available on Armslist had jumped to 148,000 from 12,000 — a 12-fold increase — since 2011.
Armlist further separates sellers as "premium vendors" aka Federally Licensed, requiring a background check, or "private sellers". Users can limit their searches to private sellers, and users are not required to register so they can be anonymous. Plus there is no waiting period. There are cases where a domestic abuser with a restraining order preventing him from possessing a gun, buys one through Armslist, has it shipped to him (against the law) and kills his spouse or girlfriend.
As for a "tax to the sale in the form of an additional background check", wouldn't you prefer to have that additional level of determining if someone is a felon? But then, the NRA fought to make entering felons into the national background check system optional for states. Seven million felony convictions were missing by 2013 or 25% of all felony convictions. The Chicago gang members' convictions from the Armslist article above were in the background check system and would have shown up when the Kentucky seller(s) sold gang members ninety guns, which could have alerted law enforcement prior to their subsequent crimes.