H. 4494
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Thread: H. 4494

  1. #1
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    H. 4494

    There has been a bill pre-filed for consideration in the South Carolina legislature that would remove the restriction on SC residents that prevents us from lawfully purchasing a long arm in states other than SC, NC and GA. This is only a small step forward in reclaiming our gun rights but it's a clean bill and should pass easily. The bill is better viewed on the statehouse website because you can see the strikes and underscores.

    2011-2012 Bill 4494: Subject not yet available - South Carolina Legislature Online

    South Carolina General Assembly
    119th Session, 2011-2012
    Download This Bill in Microsoft Word format

    Indicates Matter Stricken
    Indicates New Matter

    H. 4494

    STATUS INFORMATION

    General Bill
    Sponsors: Rep. Huggins
    Document Path: l:\council\bills\ms\7606ahb12.docx

    Prefiled in the House on November 29, 2011
    Currently residing in the House Committee on Judiciary

    Summary: Not yet available

    HISTORY OF LEGISLATIVE ACTIONS


    Date Body Action Description with journal page number
    -------------------------------------------------------------------------------
    11/29/2011 Prefiled
    11/29/2011 House Referred to Committee on Judiciary

    View the latest legislative information at the LPITS web site

    VERSIONS OF THIS BILL

    11/29/2011



    (Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)


    A BILL
    TO AMEND SECTION 23-31-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASE OF RIFLES OR SHOTGUNS IN CONTIGUOUS STATES, SO AS TO REMOVE THE REQUIREMENT THAT THE PURCHASE BE MADE FROM A CONTIGUOUS STATE.

    Be it enacted by the General Assembly of the State of South Carolina:

    SECTION 1. Section 23-31-10 of the 1976 Code is amended to read:

    "Section 23-31-10. Any A resident of this State including a corporation or other business entity maintaining a place of business in this State, who may lawfully purchase and receive delivery of a rifle or shotgun in this State, may purchase a rifle or shotgun in a contiguous another state and transport or receive the same it in this State; provided, that the sale meets the lawful requirements of each such state, meets all lawful requirements of any federal statute, and is made by a licensed importer, licensed manufacturer, licensed dealer, or licensed collector."

    SECTION 2. This act takes effect upon approval by the Governor.


    ----XX----

    This web page was last updated on November 29, 2011 at 5:16 PM
    "I believe we should achieve a national standard on gun control, and that standard should be none whatsoever."

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  3. #2
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    What is the difference in "contiguous another state" and "contiguous state"...
    Sounds like they need to drop the contiguous.

    Looks like the strike outs didn't make it in your post...

    This is what it will read:

    SECTION 1. Section 23-31-10 of the 1976 Code is amended to read:

    "Section 23-31-10. A resident of this State including a corporation or other business entity maintaining a place of business in this State, who may lawfully purchase and receive delivery of a rifle or shotgun in this State, may purchase a rifle or shotgun in another state and transport or receive it in this State; provided, that the sale meets the lawful requirements of such state, meets all lawful requirements of any federal statute, and is made by a licensed importer, licensed manufacturer, licensed dealer, or licensed collector."

    SECTION 2. This act takes effect upon approval by the Governor.
    Last edited by melloyello; 12-01-2011 at 10:09 AM. Reason: post bill with strike outs removed.

  4. #3
    I wonder what prompted this bill?

    It sounds more like Gunshop owners wanting their nickle for having to do transfers without making it look blatantly obvious by letting you buy in contiguous states. I guess some folks live so close to borders that they do most of their business in another state.

    This didn't come out of the blue and this is the way it is now as far as I know. why the specifics?

    Oh wait, reading to the end, look who is eligible.

    ; provided, that the sale meets the lawful requirements of each such state, meets all lawful requirements of any federal statute, and is made by a licensed importer, licensed manufacturer, licensed dealer, or licensed collector."

    Can an individual be cut out of the gun buying process in a contiguous state?

    KK

  5. #4
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    I just hope it will help bring purchase costs down. The town where I live charges an average of $100 more for shotguns, rifles and handguns than you find in NC or GA.

    Besides that, there is only "ONE" FFL that is willing to do a transfer in my town.

    -

  6. #5
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    Quote Originally Posted by Keykutter View Post
    I wonder what prompted this bill?

    It sounds more like Gunshop owners wanting their nickle for having to do transfers without making it look blatantly obvious by letting you buy in contiguous states. I guess some folks live so close to borders that they do most of their business in another state.

    This didn't come out of the blue and this is the way it is now as far as I know. why the specifics?

    Oh wait, reading to the end, look who is eligible.

    ; provided, that the sale meets the lawful requirements of each such state, meets all lawful requirements of any federal statute, and is made by a licensed importer, licensed manufacturer, licensed dealer, or licensed collector."

    Can an individual be cut out of the gun buying process in a contiguous state?

    KK
    Say what? How would this benefit FFL's in South Carolina? If anything, this would reduce the number of transfers that they do. If this law passes, you can for example go on vaction to 47 more states than you can right now, lawfully purchase a gun and drive home with it. As the law is currently written, SC residents can only do that in NC and GA.

    Please explain how this in any way benefits FFL's in South Carolina?
    "I believe we should achieve a national standard on gun control, and that standard should be none whatsoever."

  7. #6
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    Quote Originally Posted by melloyello View Post
    Looks like the strike outs didn't make it in your post...
    No kidding? I wonder if that's why I specifically stated in the original post, "The bill is better viewed on the statehouse website because you can see the strikes and underscores"? Must been.
    "I believe we should achieve a national standard on gun control, and that standard should be none whatsoever."

  8. #7
    Quote Originally Posted by hp-hobo View Post
    Say what? How would this benefit FFL's in South Carolina? If anything, this would reduce the number of transfers that they do. If this law passes, you can for example go on vaction to 47 more states than you can right now, lawfully purchase a gun and drive home with it. As the law is currently written, SC residents can only do that in NC and GA.

    Please explain how this in any way benefits FFL's in South Carolina?
    This looks like the only people than can purchase in a contiguous state are:

    ; provided, that the sale meets the lawful requirements of each such state, meets all lawful requirements of any federal statute, and is made by a licensed importer, licensed manufacturer, licensed dealer, or licensed collector."

    Right now, SC residents can already purchase a long gun in a neighboring state, not handguns though.

    A dealer at a gunshow can sell a long gun to someone from GA or NC now. Tell me what this bill does.

    It looks to me like this can't happen unless the person is a dealer, a collector, which means a C&R FFL or other licensed person.

    Am I reading this wrong?

    My point was that if you can't buy from a contiguous state without a license, the dealers would have to do transfers, and that would cost money.

    If that is not what this says, how about cluing me in.

    KK

    PS...Ah, now I see. Thats the part that will be struck, right?> My bad! ;)

  9. #8
    The best solution to this issue is to repeal S.C. Code 23-31-10 in its entirety. This section is a relic from the 1968-1986 federal law that required a state to affirmatively authorize its residents to purchase long guns in adjoining states before they could do so. Since 1986, federal law has permitted interstate long gun sales through FFLs (private interstate sales still require FFL participation), subject to restrictions imposed by either the purchaser's state of residence or the state of purchase. The pre-1986 law also limited interstate long gun sales to bordering states; this "contiguous state" restriction no longer exists under federal law. Pre-1986 "authorization" laws, which remain on the books in many states, create unnecessary confusion and should be repealed. West Virginia repealed its pre-1986 "authorization" law in 1989 and West Virginia residents may purchase long guns at FFLs in most states.
    James M. "Jim" Mullins, Jr., Esq.
    Attorney, The Law Offices of James M. Mullins, Jr., PLLC
    Founder and Past President, West Virginia Citizens Defense League, Inc.

  10. #9
    There is nothing in current South Carolina statute or Federal law that prohibits a South Carolina resident from purchasing a rifle or shotgun from an FFL in any state, so long as the other state's law does not prohibit the sale.

    There is nothing in current South Carolina statute or Federal law that prohibts a resident from any state to purchase a rifle or shotgun from an FFL in South Carolina, so long as the person's state law of their state of residence does not prohibit the sale.

    Current South Carolina Statute SECTION 23-31-10 and SECTION 23-31-20 contain no prohibitions whatsoever.

    http://www.scstatehouse.gov/code/t23c031.php
    SECTION 23-31-10. Purchase of rifle or shotgun in contiguous state.

    Any resident of this State including a corporation or other business entity maintaining a place of business in this State, who may lawfully purchase and receive delivery of a rifle or shotgun in this State, may purchase a rifle or shotgun in a contiguous state and transport or receive the same in this State; provided, that the sale meets the lawful requirements of each such state, meets all lawful requirements of any Federal statute, and is made by a licensed importer, licensed manufacturer, licensed dealer, or licensed collector.

    SECTION 23-31-20. Purchase of rifle or shotgun in this State by resident of any state.

    A resident of any state may purchase rifles and shotguns in this State if the resident conforms to applicable provisions of statutes and regulations of this State, the United States, and of the state in which the person resides.
    The proposed statute would contain no prohibitions either:

    SECTION 1. Section 23-31-10 of the 1976 Code is amended to read:

    "Section 23-31-10. A resident of this State including a corporation or other business entity maintaining a place of business in this State, who may lawfully purchase and receive delivery of a rifle or shotgun in this State, may purchase a rifle or shotgun in another state and transport or receive it in this State; provided, that the sale meets the lawful requirements of each state, meets all lawful requirements of any federal statute, and is made by a licensed importer, licensed manufacturer, licensed dealer, or licensed collector."

    You have to look at the link originally posted to see the lineouts.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

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