Originally Posted by mr. tegu
If you have a Federal Firearms License you have to follow all procedures as normal. Which would be any regular firearms dealer. However, if you are not in the business of selling firearms, you do not need a FFL and are not required to perfrom background checks.
I wonder if the seller is required to send in a form to the ATF after the sale. I want to say if they sell to someone out of state they need to fill it out (but can't remember). But... to your point, you're right - they could sell and not send in anything.
not sure if at that point a gun is used in a crime but still registered to the first owner, if the original seller can face some charges. hmmm.