Purchasing a Pistol under 18

CooqerBlack

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Mar 7, 2018
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Im new here and i was just wondering if it was legal for me to purchase a hand gun from a private seller.
 

CooqerBlack

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Mar 7, 2018
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If you are under the age of 21 you can not own a handgun in South Carolina.
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 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
 

bilall

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May 25, 2012
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Laws are tricky - please understand them before you engage in any firearm transaction. It is YOUR responsibility to be sure you abide by the appropriate laws.

Here is my understanding of current Federal and SC state law regarding transfer of a handgun to anyone between the ages of 18 and 21:

Federal law prohibits any FFL from delivering a handgun to anyone under the age of 21 - period..
However, it does not prohibit private transfers to a person between the ages of 18 and 21.
It also does not prohibit ownership of a handgun by 18-21 year olds if he firearm was obtained legally - such as a gift from a parent.

Example: A father giving a handgun to his 18-21 year old son or daughter
or A private sale not involving an FFL dealer
These transfers are subject to all other laws concerning sale and possession of firearms.
In 2008 the SC General Assembly amended the SC laws to conform to Federal laws regarding transfer of handguns to people between the ages of 18 and 21.

This is only my opinion based on what I have read in the laws and in written interpretations of the laws. . I would be very interested in any interpretations or opinions by other members.
 

bigfutz

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Nov 5, 2011
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Interesting timing on this question. Would you also be interested to know if you could buy an assault rifle without a background check using the Gun Show Loophole here?
 

bilall

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May 25, 2012
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Another thought, and maybe an unpopular one: I am opposed to using loopholes to obtain firearms. I've seen too many exchanges at gun shows where proper proof of residency was not requested from the seller or buyer, for example. I also see the same "private sellers" at shows year after year, making me believe that these people really should be licensed as FFL dealers.
I have also had my request for a complete bill of sale (containing seller name and address, buyer name and address, type and serial number of firearm, at least) denied by a seller (I declined the purchase).
I repeat, it is your responsibility to be sure the sale or purchase is legal, and that the purchaser is legally able to purchase/own the firearm.
It is also your responsibility to assure that firearms purchased from private sellers are legal, are not restricted by ATF rules, and not stolen.
 

Geezer

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Oct 9, 2009
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Another thought, and maybe an unpopular one: I am opposed to using loopholes to obtain firearms. I've seen too many exchanges at gun shows where proper proof of residency was not requested from the seller or buyer, for example. I also see the same "private sellers" at shows year after year, making me believe that these people really should be licensed as FFL dealers.
I have also had my request for a complete bill of sale (containing seller name and address, buyer name and address, type and serial number of firearm, at least) denied by a seller (I declined the purchase).
I repeat, it is your responsibility to be sure the sale or purchase is legal, and that the purchaser is legally able to purchase/own the firearm.
It is also your responsibility to assure that firearms purchased from private sellers are legal, are not restricted by ATF rules, and not stolen.
For a private sale in South Carolina, a bill of sale is not required. If you ask if the buyer is of legal age and can legally own a firearm, you have done what is required by law. An FFL is required to collect your information and they are required to keep it. A private seller can lose your info, a private seller is not required to keep your information secure, you have no security with your information when you hand it over to a stranger. I would deny the request, too.
 

bigfutz

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Yo wth are you talking about???
Simply trying to understand your line of questioning. Looks like you are pointing out a discrepancy. @fordnut said you can’t own a handgun under the age of 21 which was always my understanding, but it appears according to SC law, you can own one if you are over 18. But, you can’t buy it at an FFL. Seems kinda ridiculous that you can own something but you can’t buy it, right? Heck, many of the big box stores are now making up their own rules - Dick’s won’t even sell you a rifle, and there’s no law on the books to back that.

http://www.scstatehouse.gov/code/t16c023.php
 

CooqerBlack

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Mar 7, 2018
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Simply trying to understand your line of questioning. Looks like you are pointing out a discrepancy. @fordnut said you can’t own a handgun under the age of 21 which was always my understanding, but it appears according to SC law, you can own one if you are over 18. But, you can’t buy it at an FFL. Seems kinda ridiculous that you can own something but you can’t buy it, right? Heck, many of the big box stores are now making up their own rules - Dick’s won’t even sell you a rifle, and there’s no law on the books to back that.

http://www.scstatehouse.gov/code/t16c023.php
What dicks sporting goods is doing is kinda wrong but i support local gun shops so it doesn't affect me
 

bilall

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May 25, 2012
Messages
156
For a private sale in South Carolina, a bill of sale is not required. If you ask if the buyer is of legal age and can legally own a firearm, you have done what is required by law. An FFL is required to collect your information and they are required to keep it. A private seller can lose your info, a private seller is not required to keep your information secure, you have no security with your information when you hand it over to a stranger. I would deny the request, too.
Thanks for your reply. You make a very good point about privacy. I appreciate it and I will adjust my buying practices just a little. As you point out, I should be hesitant to give my information to a complete stranger, but I am also torn by the need to protect myself and provide the source of a firearm if it should turn up on a "bad" list, and I need to prove my source of the firearm.
The real beauty of this is that as the buyer, I can ask for whatever I want, and the seller has the right to refuse. If he refuses, I simply will walk away with no hard feelings.
As I said in the original post, it is my responsibility to assure that the purchase is legal, and I would rather walk away than take a chance.
 
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