S.C. Handgun trasfer of owenership acoss state lines???

[NavyLCDR]

thank FN1910, can you send the chapter and verse of the code "law". thanks again

He can't send you chapter and verse. There is no statute prohibiting it. That's why it is legal. Lust like wearing orange tennis shoes with a purple shirt. There is no statute prohibiting it, so it is legal, even though there is no statute that specifically states that it is legal to wear orange tennis shoes with a purple shirt.

[radartech]

One more thing to remember.. For NC specifically..
A NC resident CANNOT purchase , accept a transfer or receive that handgun without a PURCHASE permit or a concealed carry permit....
In NC the Sheriff's department runs the NCIC check and grants a permit to purchase 1 pistol.
You have to pay $5 per purchase permit...
If you have a concealed carry permit, you just have to go the the FFL and to the paperwork.. NOTE-- that the rules all still apply that the seller must deliver etc like noted above....

[FN1910]

thank FN1910, can you send the chapter and verse of the code "law". thanks again

I don't know if this will provide the exact information you are asking for but check question 16 in the first link about record keeping between two private individuals.

When a transaction takes place between private (unlicensed) persons who reside in the same State, the Gun Control Act (GCA) does not require any record keeping. A private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private individual may buy a firearm from another private person who resides in the same State. It is not necessary under Federal law for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are “same-State” residents.

ATF Online - Firearms - Frequently Asked Questions - Unlicensed Persons

ATF Online - Firearms - Frequently Asked Questions


Note: Question 3 of the first link contradicts information that I was given as absolute fact by several people. According to how I interpret this I can make arrangements to purchase a gun from an out of state FFL through a local FFL and go pick up the gun myself. For instance if I find a gun that I want to purchase while on vacation I can contact a FFL in my home state and have him contact the other FFL to make arrangements. I can then pay for the gun and carry it with me back home and have the local record it in his book. It does not have to be shipped back to my home state.

[NavyLCDR]

Note: Question 3 of the first link contradicts information that I was given as absolute fact by several people. According to how I interpret this I can make arrangements to purchase a gun from an out of state FFL through a local FFL and go pick up the gun myself. For instance if I find a gun that I want to purchase while on vacation I can contact a FFL in my home state and have him contact the other FFL to make arrangements. I can then pay for the gun and carry it with me back home and have the local record it in his book. It does not have to be shipped back to my home state.

First, go ahead and call an FFL to do that for you and see how far you get. Second, even if you find two FFLs willing to participate in such a scheme, you will commit a Federal felony, violating 18 USC 922 (a)(3), and the two FFLs will be guilty of conspiracy to violate 18 USC 922 (a)(3), and the FFL not in your state of residence will violate 18 USC 922 (b)(3).

To wit:
United States Code: Title 18,922. Unlawful acts | LII / Legal Information Institute

§ 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,
(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;

That's a whole lot of Federal felonies which will cause you to lose your right to possess any firearm until you can convince a court to re-instate them, and since it will be a Felony regarding the illegal purchase/transfer of a firearm, the chances of that are as good as Obama getting re-elected. And two FFLs will go down with you. I doubt they will make very friendly cell mates.

[FN1910]

So what does the answer to question 3 mean? I can see several interpretations of it but I know some people that have carried a copy of a FFL's license with them to pick up a gun in another state. I am not saying it was legal but both FFL's agreed to it and that it was legal.

Q: May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State?

A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer.

[18 U.S.C. 922(a)(3) and 922(b)(3)]

[NavyLCDR]

So what does the answer to question 3 mean? I can see several interpretations of it but I know some people that have carried a copy of a FFL's license with them to pick up a gun in another state. I am not saying it was legal but both FFL's agreed to it and that it was legal.

A better question was what does this statute mean?

18 USC 922 (b)(3):

§ 922. Unlawful acts
(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),

That is Federal LAW and it is pretty darn plain and clear. Notice the word I highlighted. Many people take copies of local FFL licenses with them when they go shopping for guns out of state because then they have a document that shows where the seller can legally ship or mail the gun to.

If you are a resident of state X and you find a gun other than a rifle or shotgun in state Y, it is illegal for a private party in state Y to "transfer, sell, trade, give, transport, or deliver" that gun to you because that violates 18 USC 922 (a)(3). It is illegal for an FFL in state Y to "sell or deliver" that gun to you because that violates 18 USC 922 (b)(3). When you bring that gun back to your home state that was illegally sold or delivered to you, you violate 18 USC 922 (a)(5) the minute you cross the state line into your home state.

If you are a resident of state X and you find a rifle or shotgun in state Y, it is illegal for a private party in state Y to "transfer, sell, trade, give, transport, or deliver" that gun to you because that violates 18 USC 922 (a)(3). It is permitted and legal for an FFL in state Y to "sell or deliver" that rifle or shotgun to you only if you meet with the FFL face-to-face at their place of business and they comply with both state X and state Y firearms laws. Anything else violates 18 USC 922 (b)(3). When you bring that gun back to your home state, if you met those requirements to get the rifle or shotgun from an FFL, then you are under an exception to 18 USC 922 (a)(5). If you did not meet all those requirements, the minute you cross the state line into your home state with that gun, you have violated 18 USC 922 (a)(5).

It's that plain and simple. This whole business of "I am going to get a gun from an FFL in state Y and bring it home with me for an FFL in state X to do the paperwork on" violates three separate Federal laws and several other regulations. The FFL in state Y must log guns out of his bound book and record to whom he transferred that gun to. If he hands you that gun illegally, and logs it into his bound book that he shipped it to the FFL in state X - now he has committed another Federal felony of falsifying a government record. The FFL in state X is required to log guns into his bound book and whom he received them from. If you walk into an FFL in state X and hand him the gun, and he logs it into his bound book and being received from the FFL in state Y, now he has committed yet another Felony and falsified a government record.

Buy hey, y'all do what you want to.... I'm not putting my right to ever possess any firearm again on the chopping block to save a shipping fee.