Bill

Bill > H3868


SC H3868

SC H3868
Firearms Criminal Background Checks


summary

Introduced
01/30/2025
In Committee
01/30/2025
Crossed Over
Passed
Dead

Introduced Session

126th General Assembly

Bill Summary

Amend The South Carolina Code Of Laws By Adding Article 2 To Chapter 31, Title 23 So As To Require National Instant Criminal Background Checks Before Any Sale, Exchange, Or Transfer Of Firearms In This State And To Provide Procedures For The Background Checks; To Require National Instant Criminal Background Checks At Gun Shows And To Provide Procedures For The Background Checks; And To Exempt Records Kept From Disclosure As Public Records Under The Freedom Of Information Act And To Provide A Penalty For Violations Of The Article.

AI Summary

This bill amends South Carolina law to require comprehensive background checks for all firearm sales, exchanges, and transfers outside of those conducted by licensed firearms dealers or between immediate family members. The legislation mandates that a National Instant Criminal Background Check (NICS) must be performed through a licensed dealer before any firearm transaction, including those at gun shows, with the State Law Enforcement Division (SLED) overseeing the process. Key provisions include requiring dealers to obtain a unique identification number from NICS or wait 30 days before completing a transfer, maintaining transaction records for law enforcement inspection, and arranging for licensed dealers to conduct background checks at gun shows. The bill defines specific terms like "firearm" and "antique firearm" and establishes penalties for violations, which include a potential fine of up to $1,000 or imprisonment for up to one year. Additionally, the bill protects the records of these background checks from public disclosure under the Freedom of Information Act and allows dealers to charge a transaction fee of up to $25. The legislation is designed to enhance firearm transaction oversight and prevent potentially dangerous individuals from acquiring firearms.

Committee Categories

Justice

Sponsors (6)

Last Action

Member(s) request name added as sponsor: Bauer (on 02/19/2025)

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