Buying privately owned firearms

J.R.

J.R.

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Sorry for posting such a noob question, but I'd rather be safe than sorry. Furthermore, I'm sure this has been discussed on previous forums but I guess someone down the line will also benefit from this thread.

For instate (buying from SC resident) what are my legal obligations.

For out of state (NC for example) what are my legal obligations.

I have an idea as to what is required, but I would rather not clutter the thread with misinformation.
 
mckenziedrums said:
All out of state transactions must go through an FFL.
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Ok, That's what I thought. As a SC resident, I can meet the seller at an FFL in their state and complete the transfer, correct? For example if I were to buy something from a member here, I could meet them at an FFL in NC OR have it shipped to SC.
 
mckenziedrums said:
All out of state transactions must go through an FFL.
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No expert, but I think you have it backwards. You can only pick it up at an FFL in SC. And NC seller can ship it to your FFL directly (if your FFL is ok with that) or drop it at his FFL or maybe even drive it to your FFL in SC, but you can only collect it from an FFL in your state of residence.
 
I live in NC now but I am originally from SC and all of my family is still there.

As as has been said before, any out of state purchase must go through an FFL.

For in state there is no difference in the legal requirements for long gun purchases. You cannot knowingly sell a long gun to someone who is not legally allowed to own one.

That's it. No bill of sale is required. I generally ask to see a valid drivers license to insure they are an in state resident.

As to pistols, the legal requirement in SC is the same as long guns because you do not have pistol permits.

In NC we either have to see a CCW or see (or keep depending on interpretation) a pistol purchase permit for a handgun sale.
 
Repeating part of my comment above to be sure the OP sees it. The required FFL is the one in the buyer's state, the FFL at the sellers end is optional. I believe that a NC seller could meet at your SC FFL for a transfer, but am not certain.
 
JimB said:
Repeating part of my comment above to be sure the OP sees it. The required FFL is the one in the buyer's state, the FFL at the sellers end is optional. I believe that a NC seller could meet at your SC FFL for a transfer, but am not certain.
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Thanks for clarification Jim, I've never purchased privately so I wasn't sure.
 
In SC, you and the other party have to be SC residents that can legally own a firearm. Just a handshake to seal the deal. If you're buying from another state, the seller has to get his firearm to an SC FFL and you pick it up there after you complete the 4473.
 
Geezer said:
In SC, you and the other party have to be SC residents that can legally own a firearm. Just a handshake to seal the deal. If you're buying from another state, the seller has to get his firearm to an SC FFL and you pick it up there after you complete the 4473.
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Beat me to it for SC deals.

To add to this: since the law does not require a bill of sale, I don't either. The burden of legality is on the buyer.
 
I like to get my information from the haters....This is from the Law Center to Prevent Gun Violence:

South Carolina law does NOT
- Require a background check prior to the transfer of a firearm between unlicensed individuals;
- Regulate the transfer or possession of assault weapons, 50 caliber rifles or large capacity ammunition magazines;
- Require firearm owners to obtain a license, register their firearms, or report lost or stolen firearms;
- Impose a waiting period prior to purchase of a firearm;
- Limit the number of firearms that may be purchased at one time;
- Significantly regulate ammunition sales;
- Allow local governments to regulate firearms or ammunition; or
- Give law enforcement discretion to deny a concealed handgun permit.

In addition, due to a law enacted in 2012, South Carolina NO LONGER:
- Requires retail firearms dealers selling handguns to obtain a state license; or
- Imposes a melting point test, a form of design safety standard, for handguns.
 
I don't do a bill of sale, either. It is not required by law. I usually ask if the buyer is a resident and able to legally own a firearm. He answers "Yes", and we do the deal. He says "no", then there's no deal. At this time I have done my part by asking and am not knowingly selling to an ineligible individual.
 
When in doubt stop in your local Sheriff's Dept and ask. Or print out the laws from some SC.gov web site amd learn them.
 
I believe that if it is a long gun you can do the FFL transfer in NC if you are a SC resident. I mean SC residents buy longarms from stores all the time. Handguns have to be in your state of residence as per federal law though.
 
CZfool68;n36908 said:
When in doubt stop in your local Sheriff's Dept and ask. Or print out the laws from some SC.gov web site amd learn them.
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To add, and I'm serious, when in doubt, when asking questions directed at a government official, make sure to record the conversation. The recording could be handy later should something go wrong.

I say the above for multiple reasons. But the main reason for stating that is because I was told on the telephone by a local Sheriff's Deputy several years ago that the employees of a Duke Energy contractor who were operating dangerous and heavy tree cutting equipment and log skidders on the transmission powerline easement on my property, weren't violating any laws, other than possible OSHA violations, even though they were drinking and smoking pot. He told me that it wasn't illegal for them to be under the influence while operating that equipment. Therefore, be careful when acting on advice from anyone associated with government, whether it be local, state, or federal.
 
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CZfool68;n36908 said:
When in doubt stop in your local Sheriff's Dept and ask.
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I hate to say this but that's horrible advice unless it's just to contrast what they tell you against what The Law actually says.
 
Catfish said:
CZfool68;n36908 said:
When in doubt stop in your local Sheriff's Dept and ask.
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I hate to say this but that's horrible advice unless it's just to contrast what they tell you against what The Law actually says.
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I do believe I also suggested reading the law. I would think knowing what the local PD thinks could be important.
 
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