NRA-ILA
As proposed, H.R. 8 and S. 42 would forbid a person from transferring a firearm to another person unless facilitated through a licensed firearms dealer. Both parties to the transfer must appear jointly at a willing dealer, who must conduct a background check through the National Instant Criminal Background Check System and comply with all state and federal requirements as though he were selling or transferring a firearm out of his own inventory.
While proponents of the bills often refer to it as a background check on sales of firearms, the true effect of H.R. 8 or S. 42 would be criminalizing otherwise lawful conduct with firearms. The overbroad nature of the proposed legislation would criminalize many transfers that take place as part of hunting, recreational shooting, and even self-defense.
While some differences between H.R. 8 and S. 42 do exist, their overall effect on law-abiding Americans would be the same.
H.R. 8 and S. 42 language states that participation by dealers in private party transfers would be voluntary. Because of the legal conflict and uncertainty, many dealers might refuse to run these checks. Those dealers that are willing, must agree to assume the risk and uncertainty and are likely to demand costly fees for the service. The language states that the dealer may charge a reasonable fee, but it does not cap or otherwise limit the dealer's discretion in this regard.
Even transfers that do not result in a change of ownership would presumptively have to go through H.R. 8/S. 42 formalities. Thus, dealers would potentially have multiple records of the same firearm changing hands again-and-again, essentially creating a paper trail of everybody who handled the firearm. The record-keeping burdens on the dealer would be considerable, and the records generated could form the basis for a later registry not just of those who own firearms, but those who merely took possession of one, for any purpose or length of time.
As an advisor to the Obama administration wrote, the effectiveness of a universal background regime "depends on … requiring gun registration…;" this bill weakens protections against using NICS checks to create a registry and sets the stage for future firearm registration requirements.
More:
https://www.nraila.org/campaigns/2019/2019-universal-background-check-legislation/about-s-42-and-hr-8/