Instead, Kaine’s proposal criminalizes a private individual’s failure to
conduct a federal background check while refusing to give that
individual the right to conduct the federal background check in the
first place. Kaine’s office confirmed that his bill does not give
private individuals the authority or ability to conduct federal
background checks in order to avoid the federal criminal liability
imposed by his proposal.
"You have to check the background of a buyer, or go to jail!"
"How am I supposed to do that?"
"That's not my problem."
Remember, they don't actually want to ban guns, they just want to make it impossible for you to buy/sell/own/use one.