Same thing, direct infringement.
Even if one is a believer in reasonable restrictions (I'm generally not, I think it's bullshit- an example of a reasonable restriction to me is not firing your gun in the air in the city or murder being illegal. ) The problem with NICS etc. is the system falses so f***ing
much it ends up depriving people of their rights. Say a woman wants to buy a gun from her friend to protect herself from a shitty ex or
something. She goes to a gun store (as forced by law under most of these UBC proposals) and fails the BG check because NICS falses and
causes a false denial. Now it will take her MONTHS to resolve it and clear her name. THIS IS PUNISHMENT WITHOUT DUE PROCESS OF LAW! it's literally that simple, and I don't care about the fact that it only happens 1% of the time, or whatever it is. It's one person too many. It's not like she can just wait around the gun shop while her denial review is escalated to a supervisor who can expediously clear the false denial.
Also, there's a deprivation of rights in play- what if that woman needed to buy that gun on thanksgiving, christmas, 4th of july, etc... yeah good luck
getting to an FFL that's open or is even willing to come in to do a transfer. So now you deprive rights because of this "dealer" requirement in a lot
of UBC cases. It's not like it's likely to be a self service portal used by gun owners.
Plus the whole goddam thing is a joke- anyone who can obtain decent looking fake identification can basically defeat the entire system just by being
a ghost. NICS doesn't "know" everything and everyone. It only knows "a handful of crap about known convictions and dispositions". Whats a good fake ID cost these days? few hundred bucks? Maybe a grand if you get fancy, etc.
Maybe it's my imagination but I don't see any of these pols pushing UBC to putting up a bill that would have a recurring budget item asking for millions
and millions a year to properly fund such a thing, to even make a half assed attempt at doing it properly. Nor do I see pols demanding it in their legislation.
The other problem with UBC is many states have UBC proposals that will make things like loaning someone a gun even for very short term use,
completely illegal. That, by itself, is mind numbing. Want your brother to borrow your shotgun when he comes to visit- NEIN! Waffen SS says
he has to get a "Transfer" through a dealer because now they've massaged that temporary loan into a transfer requiring a UBC.
It's just too unwieldy to the extent that pretty much any UBC proposal ultimately ends up f***ing with peoples rights, none of these proposals are designed with the intent of protecting rights. Not a single one.
There's also the big obvious elephant in the room- what problem are they trying to solve, and would a UBC contribute to that? chances are good that
the answer is no. A lot of recent spree shooters or whatever, went through the legal process, and
passed the background checks! What do people think that UBC is going to do in that case? Oh they'd pass the same BG check on a private sale, then still kill people. Makes a lot of sense...
So, end result, very few, if any, bad guys are stopped, but everyone else (the 100 million people or whatever it is now) that didn't kill anyone with their firearm are now being collectively punished every time they want to buy, sell, or borrow a gun.
-Mike