Or is it? New York City has just released the results of an undercover investigation into illegal sales at gun shows, including two gun shows in Tennessee.

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Tennessee and 32 other states do not require background checks for purchasers involved in private sales even if they occur at gun shows. Private sellers are, however, prohibited by federal law from selling to a buyer who the seller has reason to believe would not pass a background check.

In the NYC undercover operation, investigators were able to purchase handguns and assault rifles from private sellers even though the buyers told the sellers that they "probably couldn't pass a background check." Eleven sellers refused, but 22 out of 33 sellers (67%) completed the transactions.

Another problem is "straw purchases," in which a purchaser has someone else complete the paperwork and background check. According to the report, NYC investigators were able to complete obvious straw purchases 16 out of 17 times (94%).

Yet another problem is the definition of "private seller." The NYC undercover operation found several instances of so-called "private sellers" operating booths with extensive gun inventories, including new weapons with price tags. According to the report, one "private seller" sold to investigators at three different gun shows and acknowledged selling 348 assault rifles for nearly $175,000 in revenues in less than one year.

• Press release

• Full report

• Website with videos

The gun enthusiasts will be quick to point out that all of this is already illegal. They also oppose stricter regulation and frequently criticize ATF and other enforcement efforts.

But what about the transactions between private individuals (including some who appear to actually be dealers) that aren't illegal?

When I sell a car or a boat or a motorcycle to another individual, we have to go down to the DMV and record the sale and the transfer of title. A simple solution for gun transactions would be to require sellers and buyers to go to the nearest licensed gun dealer or law enforcement agency to fill out the paperwork and perform the background check. But then the gun fetishists would complain about the inconvenience and the interference in their God Given Rights.