South Carolina Part Time Resident

wcwhitey · Jan 18, 2021

Hopefully someone can shed some light on this topic. I own a vacation home in North Myrtle Beach, SC. My primary residence is in another state. I have a CCL for which my guns are listed and the permitting authority does not wish me to house my handguns in another state (YES, NY, IT IS WHAT IT IS). I am retired LE and carry country wide under HR218. So I do not need a permit to carry in any other state. Now to get to the chase, I would like to purchase a pistol that will stay at my vacation home in SC for times when I fly with only carry on baggage. I know long guns are not a problem for purchase as a property owner. However, I have gotten two different stories from SC gun stores saying that in one case yes as a property owner you can buy a pistol, and another saying only a long gun. A non resident permit would not help me nor is it needed. What are my options? I would just love to pick up a nice J frame and leave it at the condo without violating my permit conditions at home or breaking SC law.

bearcreek · Jan 19, 2021

wcwhitey said:
I know long guns are not a problem for purchase as a property owner. However, I have gotten two different stories from SC gun stores saying that in one case yes as a property owner you can buy a pistol, and another saying only a long gun.

Neither gun store knows what they're talking about (something that is very common). Residency, not property ownership, is what's required, (you can reside in a state without owning property there, and property ownership does not automatically equal residency) and Federal law does not differentiate between long guns and handguns, as it relates to that subject, other than that you don't have to be a resident of a given state in order to buy long guns from an FFL there.

earlthegoat2 · Jan 19, 2021

Can you buy a handgun in your home state that is not tied to your CCL?

If so, can you do that and store it in SC at your residence?

MedWheeler · Jan 19, 2021

wcwhitey writes:

...my guns are listed and the permitting authority does not wish me to house my handguns in another state...

What does that mean? Does NY law prohibit you from removing a gun purchased lawfully in NY from the state? You'd think they would skip in delight that someone would remove a gun from New York (or do they simply want to be able to get at them more easily, should the time come?)

Old Guy · Jan 19, 2021

Bearcreek seems to have given you a solution. Purchase a pistol in SC, totally divorced from that NY Crap!
My latest purchase a Glock 43X gives you 10+1 rounds of 9mm HP. Very slim, and you can buy it with factory installed night sights.

bearcreek · Jan 19, 2021

wcwhitey said:
What are my options?

Buy a pistol in SC. It may be challenging because many (most?) gun store owners and employees, as you've seen, don't know the law. Alternatively, you could buy one private sale. Unfortunately you may run into the same issue, since most gun owners don't know the law well either. Might be able to print out the ATF answer to this question to show to someone. Or, since you own property there (which is required in order to get a SC non-resident permit), you could get a SC carry permit. I realize you don't legally need it to carry but you may be able to use it to satisfy ignorant sellers.

Rule3 · Jan 19, 2021

Federal ATF

https://www.atf.gov/questions-and-a...tate-and-owns-property-another-state-purchase

If a person maintains a home in two states and resides in both states for certain periods of the year, they may, during the period of time they actually reside in a particular state, purchase a firearm in that state. However, simply owning property in another state does not alone qualify the person to purchase a firearm in that state.

[27 CFR 478.11]

Buy gun in SC and use your SC residence on the 4473

Save some grief and get a SC ID or DL.

wcwhitey · Jan 19, 2021

MedWheeler said:
wcwhitey writes:

What does that mean? Does NY law prohibit you from removing a gun purchased lawfully in NY from the state? You'd think they would skip in delight that someone would remove a gun from New York (or do they simply want to be able to get at them more easily, should the time come?)

No, I travel all over the country armed, that is not the issue, its a storage issue. Its licensing policy not a law.

wcwhitey · Jan 19, 2021

bearcreek said:
Buy a pistol in SC. It may be challenging because many (most?) gun store owners and employees, as you've seen, don't know the law. Alternatively, you could buy one private sale. Unfortunately you may run into the same issue, since most gun owners don't know the law well either. Might be able to print out the ATF answer to this question to show to someone. Or, since you own property there (which is required in order to get a SC non-resident permit), you could get a SC carry permit. I realize you don't legally need it to carry but you may be able to use it to satisfy ignorant sellers.

Thats the problem, I don't need a permit HR218 I can carry anywhere in the US, and with a non-resident permit all it does is allow you to carry, you still can not purchase said pistol in SC. What I need is a SC drivers license. A private sale would be nice and ultimately my preference. Due to Covid the show circuit is closed.

deadin · Jan 19, 2021

What I need is a SC drivers license

Does SC have a State issued ID Card? (Not a Drivers License)
Most places don't like anyone to have more than one DL and some require you turn your old one when getting a new one.
I had one in Arizona when we used to winter there in our RV and it worked just fine. It had my name, birth date, local address and was Government issued. Satisfied the requirements with the local gun stores,......

CapnMac · Jan 19, 2021

You may want to get a SC driver's license addressed to you vacation home.
Then, if you buy in SC, you have your 'proof of residence' on you.
The SC purchases will not be "on" your NYS permits (and probably shouldn't be).

If you get an ID card instead of a DL, some FFL may (only may) want a copy of a utility bill as further "proof" of residence.

AFAIK, SC has no license to store issues. You can keep what ever you want to in your residence.

bearcreek · Jan 19, 2021

wcwhitey said:
Thats the problem, I don't need a permit HR218 I can carry anywhere in the US, and with a non-resident permit all it does is allow you to carry, you still can not purchase said pistol in SC. What I need is a SC drivers license.

I know you don't need one, but it might be worth while because it could help placate ignorant sellers, either FFL or private. It can be very challenging, and often not worth while to try to educate people who insist they know what they're talking about when they don't. As you stated in the OP, there are dealers in the area who are under the delusion that property ownership is a factor, when the fact is it has no bearing on the matter at all. Many private sellers will think the same and a carry permit may help to make them feel better about the sale.

wcwhitey said:
A private sale would be nice and ultimately my preference. Due to Covid the show circuit is closed.

Yeah, it may be challenging. This is just about the worst time in at least several decades to try to buy a gun. That being said, there are other options besides gun shows. Armslist used to be the go to place but it's kinda tanked now. There are several other options though. A brief online search turned up a few. There may be a local paper that has some adds too. Just depends on the area.

bearcreek · Jan 19, 2021

Or, you could actually just get a SC driver's license.

rdnktrkr · Jan 20, 2021

While purchasing some beer at a chain grocery store, I was told my carry permit wasn't an approved ID (my granddaughter is almost of age to purchase alcohol) I told her that CC permit had more background checks than most DLs (I have a hazmat CDL) and it is a "state issued" ID, so I think getting a "state issued" ID would be a better option, it is against the law for me to have multiple DLs, then purchase a sidearm in SC and secure it in your condo. Locally we have a trader website and most sellers just want to see a carry permit for purchase, maybe check around to see if there is one there.

MedWheeler · Jan 20, 2021

So, what I was asking before was whether or not you can lawfully purchase a gun in NY, but store it outside the state. I'm getting the feeling that the answer is "no".

CapnMac · Jan 20, 2021

MedWheeler said:
was whether or not you can lawfully purchase a gun in NY, but store it outside the state.

That is an interesting question, since NYS does tie the arm to your license.
As a guess--and only a guess--the only time it might be an issue would be if the arm was permanently removed from the state.
And I'm loathe to imagine the hassle of "removing" an arm from an NYS license (but, it might be easy, just a pile of paperwork).

JTHunter · Jan 20, 2021

IIRC, don't most states either require the surrender of the other state's license when getting theirs or do they just notify the old state of the new license?
If either of those happen, wouldn't wcwhitey be in even worse shape by losing his NYS license?

bearcreek · Jan 20, 2021

JTHunter said:
IIRC, don't most states either require the surrender of the other state's license when getting theirs or do they just notify the old state of the new license?
If either of those happen, wouldn't wcwhitey be in even worse shape by losing his NYS license?

My statement about the SC license was mostly tongue-in-cheek. Personally, if I lived in NY, I'd be getting out as fast as possible. I recognize that that's not practical for everyone though. His best bet, IMO, is to purchase a gun in SC while he's legally a SC resident. He doesn't need a SC DL to do that but he may need to get creative in order to satisfy the misguided requirements of some sellers.

Rule3 · Jan 21, 2021

JTHunter said:
IIRC, don't most states either require the surrender of the other state's license when getting theirs or do they just notify the old state of the new license?
If either of those happen, wouldn't wcwhitey be in even worse shape by losing his NYS license?

Yes, some States to require that but if a person llives in two different States they should allow having twp Drivers license

As I mentioned before the person does not have to get a DL, they can simply get a STate ID. Looks just like a DL with you picture on it. Many peole do not drive.

Here in Fl we have many many dual residents. They buy guns down here all the time.

If the FFL knows what they are doing the can use the persons Tax bill, Lease etc to show maintaing a residence. (if the rent a condo or interval ownership etc,) they also will need a picture ID An out of State license can be shown with those other items but that is whn many FFLs go inot shock and give up!

For the OP this really is not all that difficult!

https://www.dmv.com/sc/south-carolina/apply-id-card

TheOmordha · Jan 21, 2021

Do you possess a valid current US Passport? If so that will work for your ID in SC.

wcwhitey · Jan 22, 2021

CapnMac said:
That is an interesting question, since NYS does tie the arm to your license.
As a guess--and only a guess--the only time it might be an issue would be if the arm was permanently removed from the state.
And I'm loathe to imagine the hassle of "removing" an arm from an NYS license (but, it might be easy, just a pile of paperwork).

bearcreek said:
My statement about the SC license was mostly tongue-in-cheek. Personally, if I lived in NY, I'd be getting out as fast as possible. I recognize that that's not practical for everyone though. His best bet, IMO, is to purchase a gun in SC while he's legally a SC resident. He doesn't need a SC DL to do that but he may need to get creative in order to satisfy the misguided requirements of some sellers.

First, with a NYS Pistol License the handguns (not long guns) are listed on you permit, each County issues permits and has a Licensing Bureau, the rules vary county to county. As retired Law Enforcement as long as you retire in good standing NYS dictates that you automatically get a Full Carry with No Restrictions. Restrictions depending on County can be Premise Only, Target/Hunting and Premise, Business Carry or Carry. Not every County is the same and in most rural counties they do not restrict. The key here is that all handguns are listed on the permit, I have three cards for all of mine. My County does not want me (again rule, not law) to store any of my listed handguns in another state. Removing a handgun from the permit is easy, sale, family exchange is just an administrative action, requires and appearance but not a hostile or troublesome thing. Problem is if I remove it, It has to either go thru a FFL or Family Member with permit. Once I submit it to the FFL for shipment to a LGS at my vacation home I am back to square one, same as a purchase. Its stupid I know.

Second, Yes 100% you cannot have two drivers licenses in the US, you must surrender one to get the other. So again, I still need my NYS Drivers License to buy a gun here, so no help.

Third, yes the long term plan does not include living in this state. Family obligations keep me here, it is what it is. Its a shame because this state was not a bad place until recently, the City yes but not the state. The real shame is my family roots go back to the first migration circa 1673.

The one thing I have to look into is if its actually a drivers license that is needed of just a government ID. For instance an ID issued by DMV in SC with my residence there on it. Its a strange situation and full of BS.

wcwhitey · Jan 22, 2021

Rule3 said:
Yes, some States to require that but if a person llives in two different States they should allow having twp Drivers license

As I mentioned before the person does not have to get a DL, they can simply get a STate ID. Looks just like a DL with you picture on it. Many peole do not drive.

Here in Fl we have many many dual residents. They buy guns down here all the time.

If the FFL knows what they are doing the can use the persons Tax bill, Lease etc to show maintaing a residence. (if the rent a condo or interval ownership etc,) they also will need a picture ID An out of State license can be shown with those other items but that is whn many FFLs go inot shock and give up!

For the OP this really is not all that difficult!

https://www.dmv.com/sc/south-carolina/apply-id-card

I am going to explore this. And you are correct a good FFL. When I first bought the property I found a good LGS went in made friends, all retired LEOS, was even offered a job. I will sell you anything you want, no worries. Did not need anything at the time, so I did not take him up on it. Fast forward two years, different counter person, different answer. I had in hand my deed, tax and utility bills for that very reason.

duckyou · Jan 22, 2021

Move and become a SC resident and don’t worry about NY.

bearcreek · Jan 22, 2021

wcwhitey said:
My County does not want me (again rule, not law) to store any of my listed handguns in another state. Removing a handgun from the permit is easy, sale, family exchange is just an administrative action, requires and appearance but not a hostile or troublesome thing. Problem is if I remove it, It has to either go thru a FFL or Family Member with permit. Once I submit it to the FFL for shipment to a LGS at my vacation home I am back to square one, same as a purchase. Its stupid I know.

Perhaps I'm missing something. Why not just buy a pistol in NY, and simply leave it in SC when you go there? I realize your county may not want you to, but they have no legal say over what you leave at your house in SC. Why remove it from the NY permit at all? Do they come in and check your guns at your home in NY? On the SC end, there's nothing to worry about. No paperwork, no informing anyone of anything.

Frank Ettin · Jan 22, 2021

bearcreek said:
Perhaps I'm missing something. Why not just buy a pistol in NY, and simply leave it in SC when you go there? I realize your county may not want you to, but they have no legal say over what you leave at your house in SC. Why remove it from the NY permit at all? Do they come in and check your guns at your home in NY? On the SC end, there's nothing to worry about. No paperwork, no informing anyone of anything.

The OP said in the first post that the authority that issues his N. Y. concealed weapons permit does not want him to store one of his handguns in another State.

As to how they’d catch him, who knows. As to what the authorities could do, they could revoke his permit. Remember, we’re talking about New York.

South Carolina Part Time Resident

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

member

Member

Moderator

Similar threads