First, it isn't gouging. The free market is just that, "free". If you stop people from doing this, you can stop them from doing just about anything. What's next? Banning SUV's? Forcing us to keep our AC's above 78? (That was tried by Carter, BTW and it failed miserably.) Think about it. If you prevent people from selling at a higher than normal price, why should they sell at all? Their supply is limited and basic eco 101 tells you that drives the price up. What does that do to the people who need what they would otherwise sell? They are out in the cold. They bitch because he have to pay higher prices but they bitch much louder if they can't get it at all. It will happen anyway. If you force it underground, you simply generate a black market with even higher prices and some really bad people to boot.