South Carolina H 3059 - Background Checks


Section 23-31-80. (A) In addition to any other requirements pursuant to state and federal law, all sales, exchanges, or transfers of firearms must be conducted in accordance with the provisions of this article unless the sale, exchange, or transfer is conducted by a licensed importer, licensed manufacturer, or licensed dealer, as those terms are defined in 18 U.S.C. Section 922, when the sale, exchange, or transfer is conducted pursuant to that person’s federal firearms license or the sale, exchange, or transfer is between members of an immediate family. For purposes of this section, ‘immediate family’ means spouses, domestic partners, children, and stepchildren.

(B) Before any sale, exchange, or transfer pursuant to the provisions of this article, a national instant criminal background check pursuant to 18 U.S.C. Section 922 must be completed by a licensed dealer who consents to conduct the check, and upon completion of the background check, shall complete a document, the form of which shall be approved by the Chief of the State Law Enforcement Division (SLED), that identifies and confirms that the check was performed.

(C) All dealers shall maintain a record of transactions conducted pursuant to this article and the record must be maintained on the premises mentioned and described in the license and must be open at all reasonable hours for inspection by any law enforcement officer acting in the scope of his employment.

Section 23-31-90. (A) A national instant criminal background check must be conducted and a person may not sell, exchange, or transfer a firearm at a gun show in this State except in accordance with the provisions of 18 U.S.C. 922 and the provisions of this section.

(B) A person may not offer or agree to sell, exchange, or transfer a firearm to another person at a gun show in this State and transfer or deliver a firearm to another person, or person acting on his behalf, at a location other than the gun show for the purpose of evading or avoiding compliance with 18 U.S.C. 922.

(C)(1) Before a gun show vendor sells, exchanges, or transfers a firearm at a gun show in this State, he shall:

(a) require that a national instant background check be conducted of the person; and

(b) obtain approval of a transfer from SLED after a national instant background check has been requested by a licensed gun dealer.

(2) A gun show promoter shall arrange for the services of one or more licensed gun dealers on the premises of the gun show to obtain the background checks required by this section.

(3) If any part of a firearm transaction takes place at a gun show, no firearm may be sold, exchanged, or transferred unless a national instant background check has been obtained by a licensed gun dealer.

Section 23-31-100. (A) A dealer may require that any sale, exchange, or transfer conducted pursuant to this article be subject to a fee of not more than twenty-five dollars per transaction.

(B) A record produced pursuant to this article and any transmission of the record to a governmental agency is not considered a public record for purposes of Chapter 4, Title 30, the Freedom of Information Act.

(C) A person who knowingly violates the provisions of this article is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year.”