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Why do we require gun shops?

Because private sellers are not engaged in the business of firearms sales when they sell a gun to someone, meaning infrequent transfers do not require licenses. However, when you start selling guns to pay for the new car and your house - you are in the business of firearm sales and you need a license. This is how the law is written. The reason private party transfers do not federally require a background check is because this requirement simply was not written into the law. Some states however, like California, require an FFL for all private party sales. In order to use the services of NICS, or a NICS point-of-contact system, you must have an FFL and a state issued license if applicable. Private sellers do not have an FFL. That leaves two options: Find an FFL anyways and pay extra fees. Or, Do what the law allows and transfer the firearm with no background check necessary.

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