Legal Handgun Purchase In SC?

[dbp]

Is it legal for a resident of SC to sell a handgun to a resident of another state without using an FFL? This would be a FTF sale - not shipped.

 

[Midwest]

Is it legal for a resident of SC to sell a handgun to a resident of another state without using an FFL? This would be a FTF sale - not shipped.

No.

Face To Face sales have to be with people of the same state that you live in, this includes long guns as well.

 

[Sam1911]

Nope. It isn't legal for any resident of one state to sell, give, trade, or otherwise transfer ANY "modern" firearm to a resident of another state without going through a federally licensed dealer.

 

[dbp]

That's what I thought. Thanks for the verification.

 

[mgkdrgn]

Nope. It isn't legal for any resident of one state to sell, give, trade, or otherwise transfer ANY "modern" firearm to a resident of another state without going through a federally licensed dealer.

handguns .... true

long guns ... not so much ... isn't there a "contiguous states' thingie for long guns?

 

[Sam1911]

NOT AT ALL.

The contiguous states provision was part of the original GCA'68 which made it unlawful to sell a gun to anyone across state lines without a licensed dealer involved. Originally, you could only purchase a long gun outside your home state FROM A DEALER if that dealer was in a state contiguous to your own.

In '86 FOPA removed the contiguous states provision so you may buy a long gun FROM A DEALER in any state so long as you follow the laws of both that state and your home state. (Still, handguns must be purchased from or transferred at a dealer in your own state.)

No non-licensee can do any transfer of a modern firearm to or from a resident of another state without going through an FFL dealer.

 

[mgkdrgn]

ahhh, that was it! brain fart!

 

[Sam1911]

Yeah. GCA'68 was pretty brutally restrictive. FOPA did some great things that most of us now take for granted.

Still got a long way to go, though.

 

[dbp]

No.

Face To Face sales have to be with people of the same state that you live in, this includes long guns as well.

I have someone from another state that wants to buy my Nano. He says that he is a "qualified non-resident" in that he owns real property in S.C. and has checked with SLED and he is qualified to buy FTF in S.C.

Can some of you S.C. guys chime in here and give me your opinion?

Thanks

 

[Frank Ettin]

...I have someone from another state that wants to buy my Nano. He says that he is a "qualified non-resident" in that he owns real property in S.C. and has checked with SLED and he is qualified to buy FTF in S.C...

SLED would not necessarily be familiar with federal law since they are not directly responsible for enforcing it. Transfers of firearms between residents of different States is a matter governed by federal law. There is no such thing as a "qualified non-resident" under federal law, and merely owning property doesn't make one a resident under federal law.

Violating federal law regarding interstate transfer of a firearm can entitle both you and the transferee to up to five years in federal prison and/or a fine (plus, as a bonus, the lifetime loss of gun rights).

The whole federal law story on interstate transfers of firearms (not including the rules for those with Curio and Relic licenses and the subject of dual residency):

• Under federal law, any transfer (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL. The transfer must comply with all the requirements of the State in which the transfer is being done as well as all federal formalities (e. g., completion of a 4473, etc.).
  
  
• In the case of handguns, it must be an FFL in the transferee's State of residence. You may obtain a handgun in a State other than your State of residence, BUT it must be shipped by the transferor to an FFL in your State of residence to transfer the handgun to you.
  
  
• In the case of long guns, it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer complies with the laws of the State in which it takes place; and (3) the transfer complies with the law of the transferee's State of residence.C] In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.
  
  
• There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.
  
  
• The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).
  
  
• Here's what the statutes say:

  18 U.S.C. 922. Unlawful acts
  
  (a) It shall be unlawful—
  ...
  
  (3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph
  
  

  (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,
  
  (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;​

  
  ...
  
  (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
  
  

  (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
  
  (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;​

  
  ....
  
  (b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver --
  ...
  
  (3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located, except that this paragraph
  
  

  (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and
  
  (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;​

  
  ...

 

[dbp]

I'm taking that as a "No way Jose"!!

Thanks

 

[smalls]

Can some of you S.C. guys chime in here and give me your opinion?

It's not a "SC" thing. It's a federal law. Both parties in a FTF transaction must be residents of the same state.

 

[Frank Ettin]

I'm taking that as a "No way Jose"!!...

I'm afraid so. Sorry.

 

[Al Thompson]

dbp,

Forum member mgkdrgn is a FFL holder in your town. I'll bet he could ship that Nano to your buyer's FFL rather cheaply. Conversely, he could list it for you online, less a percentage.

http://www.thehighroad.org/member.php?u=73138

 

[dbp]

Thanks Al. I have it listed on Armslist and I am getting some nibbles along with some "tire kickers" as well. It will sell eventually. I still have my G26.

 

[NavyLCDR]

I have someone from another state that wants to buy my Nano. He says that he is a "qualified non-resident" in that he owns real property in S.C. and has checked with SLED and he is qualified to buy FTF in S.C.

In addition to what everyone else correctly posted, this is the definition of State of Residency in Federal Regulations for the purposes of firearms transactions. Notice Example 2. He actually must be living in the house he owns in South Carolina at the time of the purchase to be a resident for firearms:

http://www.ecfr.gov/cgi-bin/text-id...iv8&view=text&node=27:3.0.1.2.3.2.1.1&idno=27

27 CFR 478.11:

State of residence. The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located, as stated in 18 U.S.C. 921(b). The following are examples that illustrate this definition:

Example 1. A maintains a home in State X. A travels to State Y on a hunting, fishing, business, or other type of trip. A does not become a resident of State Y by reason of such trip.

Example 2. A maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.

 

[dbp]

Great information from everyone. I passed on selling to him.

Oh, as for selling to him through FFL -- he lives in Mass. and says that the Nano is not Mass. compliant. That is why he was trying to buy in S.C.

Thanks for the education.

 

[NavyLCDR]

Great information from everyone. I passed on selling to him.

Oh, as for selling to him through FFL -- he lives in Mass. and says that the Nano is not Mass. compliant. That is why he was trying to buy in S.C.

Thanks for the education.

And now we know....THE REST OF THE STORY! Good choice passing on that one....