Process selling used in SC

[Bigcarlover]

When buying new there's paperwork and the dealer does some verification call. So when selling privatley does one go through a FFL or something?

 

[Dale64]

It would seem that there is no requirement to involve an FFL for a transfer to another individual.
The following was taken from the South Carolina Law Enforcement Division:

SECTION 16-23-30. Sale or delivery of handgun to and possession by certain persons unlawful; stolen handguns. (A) It is unlawful for a person to knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into this State any handgun to:
(1) a person who has been convicted of a crime of violence in any court of the United States, the several states, commonwealths, territories, possessions, or the District of Columbia or who is a fugitive from justice or a habitual drunkard or a drug addict or who has been adjudicated mentally incompetent;
(2) a person who is a member of a subversive organization;
(3) a person under the age of twenty one, but this shall not apply to the issue of handguns to members of the Armed Forces of the United States, active or reserve, National Guard, State Militia, or R. O. T. C., when on duty or training or the temporary loan of handguns for instructions under the immediate supervision of a parent or adult instructor; or
(4) a person who by order of a circuit judge or county court judge of this State has been adjudged unfit to carry or possess a firearm, such adjudication to be made upon application by any police officer, or by any prosecuting officer of this State, or sua sponte, by the court, but a person who is the subject of such an application is entitled to reasonable notice and a proper hearing prior to any such adjudication.
(B) It is unlawful for a person enumerated in subsection (A) to possess or acquire handguns within this State.
(C) A person shall not knowingly buy, sell, transport, pawn, receive, or possess any stolen handgun or one from which the original serial number has been removed or obliterated.

 

[kelcarry]

In SC, there are no requirements for buying or selling a firearm unless, of course, you are aware of its illegality, which, almost by definition, you would not know. I have a neighbor who is an investigator for the prosecutor's office in Charleston County and his advice, when I recently sold a firearm was to put together a letter that by your signature and some form of ID (drivers license or CCWP) and that of the other individual, attests to the fact that both of you are legally able to sell or purchase the said firearm (include make, model and serial number). If the other party (either seller or buyer) does not want to sign off on the above, the red flag that it presents should convince you that you should not be completing this buy or sell. For 100% protection, which involves a few dollars and some "inconvenience" is to have the transfer made at an FFL dealer with appropriate paperwork as if it is a new firearm. Bottom line--there is no legal requirement for any paperwork whatsoever on a used firearm; IMO you are a fool to proceed based on the verbal comments by either the buyer or the seller without having some form of paperwork.

 

[melloyello]

In SC, there are no requirements for buying or selling a firearm unless, of course, you are aware of its illegality, which, almost by definition, you would not know. I have a neighbor who is an investigator for the prosecutor's office in Charleston County and his advice, when I recently sold a firearm was to put together a letter that by your signature and some form of ID (drivers license or CCWP) and that of the other individual, attests to the fact that both of you are legally able to sell or purchase the said firearm (include make, model and serial number). If the other party (either seller or buyer) does not want to sign off on the above, the red flag that it presents should convince you that you should not be completing this buy or sell. For 100% protection, which involves a few dollars and some "inconvenience" is to have the transfer made at an FFL dealer with appropriate paperwork as if it is a new firearm. Bottom line--there is no legal requirement for any paperwork whatsoever on a used firearm; IMO you are a fool to proceed based on the verbal comments by either the buyer or the seller without having some form of paperwork.

KelCarry,

Do you think a person who cannot legally purchase a firearm would care about paperwork?
After all, a lot of them forge checks, steal IDs, credit cards, etc. not exactly honest people.

If you aren't going to do a background check, why would they care about signing a piece of paper.
It has no bearing to the fact they cannot legally have one.
If they get caught committing a crime they're doing time for the crime as well as illegal possession of a firearm.

I have a friend that does transfers almost daily.
He's had several people get denied and then comes the straw purchases.
Since the firearm has already been paid, most cases it becomes his.
(already transferred into his name).

The BGs don't want to lose their money, so they stopped trying through FFL dealers.

In my experience buyers who don't want a paper trail as a precaution against firearm registration.
I've had a couple military and cleared personnel purchase firearms and no want a paper trail.
If they are over 18 with a SC DL and CWP or purchased weapons previously, I'll see it.

 

[Dale64]

It is usually easier to just sell the weapon to somebody that has their concealed weapon permit.
At least you know they have already gone through a background check.

 

[kelcarry]

KelCarry,

Do you think a person who cannot legally purchase a firearm would care about paperwork?
After all, a lot of them forge checks, steal IDs, credit cards, etc. not exactly honest people.

If you aren't going to do a background check, why would they care about signing a piece of paper.
It has no bearing to the fact they cannot legally have one.
If they get caught committing a crime they're doing time for the crime as well as illegal possession of a firearm.

I have a friend that does transfers almost daily.
He's had several people get denied and then comes the straw purchases.
Since the firearm has already been paid, most cases it becomes his.
(already transferred into his name).

The BGs don't want to lose their money, so they stopped trying through FFL dealers.

In my experience buyers who don't want a paper trail as a precaution against firearm registration.
I've had a couple military and cleared personnel purchase firearms and no want a paper trail.
If they are over 18 with a SC DL and CWP or purchased weapons previously, I'll see it.

I think you miss the point of the signed declaration. It shows that as an average citizen, you have done your due diligence to ask for such an ID and declaration from the buyer/seller. As I said, my guidance comes from an investigator in the prosecutor's office in Charleston County and I trust his advice---this absolves you or any responsibility---within the law, as I understand it, even this declaration is not required so I have demonstrated that I at least have shown a degree of responsiblity in this matter. Hey, the FFL form you fill out has a lot of stupid questions that, if I am a felon, I am going to answer incorrectly so what is the difference? Do you really think SLED is going to pick up on this all the time, if ever?

 

[melloyello]

It would seem that there is no requirement to involve an FFL for a transfer to another individual.
The following was taken from the South Carolina Law Enforcement Division:

SECTION 16-23-30. Sale or delivery of handgun to and possession by certain persons unlawful; stolen handguns. (A) It is unlawful for a person to knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into this State any handgun to:
(1) a person who has been convicted of a crime of violence in any court of the United States, the several states, commonwealths, territories, possessions, or the District of Columbia or who is a fugitive from justice or a habitual drunkard or a drug addict or who has been adjudicated mentally incompetent;
(2) a person who is a member of a subversive organization;
(3) a person under the age of twenty one, but this shall not apply to the issue of handguns to members of the Armed Forces of the United States, active or reserve, National Guard, State Militia, or R. O. T. C., when on duty or training or the temporary loan of handguns for instructions under the immediate supervision of a parent or adult instructor; or
(4) a person who by order of a circuit judge or county court judge of this State has been adjudged unfit to carry or possess a firearm, such adjudication to be made upon application by any police officer, or by any prosecuting officer of this State, or sua sponte, by the court, but a person who is the subject of such an application is entitled to reasonable notice and a proper hearing prior to any such adjudication.
(B) It is unlawful for a person enumerated in subsection (A) to possess or acquire handguns within this State.
(C) A person shall not knowingly buy, sell, transport, pawn, receive, or possess any stolen handgun or one from which the original serial number has been removed or obliterated.

I wouldn't use SLED as a source for current gun laws.
I was reading through the section you pasted and noticed a discrepancy...

SC Code of Laws:

SECTION 16-23-30. Sale or delivery of handgun to and possession by certain persons unlawful; stolen handguns.

(3) a person under the age of eighteen, but this shall not apply to the issue of handguns to members of the Armed Forces of the United States, active or reserve, National Guard, State Militia, or R. O. T. C., when on duty or training or the temporary loan of handguns for instructions under the immediate supervision of a parent or adult instructor; or

retrieved from South Carolina Legislature Online - Code of Laws Title 16 Chapter 23 Offenses Involving Weapons


KelCarry,

I understand your point, but the key word is "knowingly" which to me is part of "Innocent until proven Guilty".

If due diligence is a requirement, why isn't NICS made available to everyone.
I have a 03 FFL (Collector of Curios and Relics) and I don't have access to NICS under that license.

 

[SCfromNY]

I just write a receipt for the gun with serial number and the purchaser's name and DL number. I am covered. Do not make more of a big deal than it is.