Buying a long gun/rifle from across NC line?

04ctd

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Nov 9, 2011
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North of North Chuck, South of Scummerville
some of my friends back home are thinking of thinning out thier collection, selling the off-brand/non-collectible stuff.

i think i may want to pick some of their older 22LR's as cheap plinkers

what's the legal stipulations of a private long gun transaction from NC to SC?

I thought there was a thread on it, but I can't find it by searching.
 
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Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual who does not reside in the State where the transferee resides. Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal Firearms Licensee (FFL) within the recipient?s State of residence. He or she may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check. However . . .

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 another 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.

So your answer is . . . . I don't know. You might try calling a dealer, or L.E.O. office.
 
Federal law supersedes the state law. If you are a resident of South Carolina, and your friend is a resident of North Carolina, you cannot do a private transaction unless one of you holds an appropriate FFL (03 for C&R, 01 for most others).

The transaction must go through an FFL to be legal. You can only have a long gun transferred to you at a NC FFL. If you want to have a handgun transferred to you, it must go through a SC FFL. Most FFLs should charge around $25 for the service.

The ATF FAQ will explain this to you if you have questions about "unlicensed persons" (that's you if you don't have an FFL). Most violations of the GCA 68 are felonies so be careful and use an FFL.

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Section 23-31-10 is SC code. It basically says you won't violate any SC law by going to a NC FFL and purchasing a long gun from the FFL in NC. Some states are more restrictive than federal law is, and forbid their residents from buying out of state long guns even if the feds are ok with it. Some states along allow their residents to purchase long guns in contiguous states only. I'm guessing that SC used to be more restrictive and has loosened things up to allow you to buy from any any state per federal law and the law of the other state.
 
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