Last month, House Democrats introduced the legislation, dubbed H.R. 8, in honor of the eighth anniversary of the January 8, 2011, attack on Gabby Gifford.
Now, this week, if legislation passes, a private gun sale would first need government permission.
Houston attorney Edwin Walker explained the US Constitution states that Congress only has the power to regulate interstate commerce, not private transactions between private individuals.
He said this is an area of overreach by US Congress because gun sales between people in the same state shouldn't be subjected to federal laws since it doesn't affect interstate commerce, like buying from a gun dealer does.
"This is absolutely the camel's nose under the tent to ultimately get nationwide firearms registration," said Walker.
Private gun sales has often been dubbed “the gunshow loophole”. Walker said yes this is a second amendment issue because it involves guns, but the transfer of a firearm between two people who live in the same state, if subject to federal regulation, would seek universal background checks.
"This is an issue of where does the power of the federal government stop?" said Walker.
Gun laws expert Alan Korwin said Democrats want to register gun owners instead of stopping violent criminals.
"HR 8 is aimed at innocent Americans, instead of at criminals. And, this is something Democrats have been doing for a while," said Korwin.
He said from last week's Congressional hearings, the left knows HR 8 won't work without a registration list of all gun owners.
"They want to register gun owners, instead of do something to stop violent criminals because they're afraid of people who own guns, like most Texans," said Korwin.
Private gun sales have been legal since December 15, 1791, the date on which the Second Amendment was ratified.
Walker said if this goes through, it will be the only time the federal government has regulate a lawful piece of personal property being privately transferred between two people in the same state.
Several states have, understandably, regulated private gun sales: including Colorado, Washington, California and New York.
The bill would have done nothing to stop the attack on Gabby Gifford because her attacker passed a background check to acquire the gun retail.