Illegal guns

fiundagner · Apr 11, 2012

I know that due to SC laws (specifically the melting point laws) some firearms are not available for sale in SC. Where can i find a list of these firearms? And if i should happen to inadvertently become the owner of one (purchased out of state, inheritance, gunbuyer.com, etc. etc. etc.) what can i do with it? I know its illegal to buy/sell it in SC, but is it illegal to actually own it?

C_Carson · Apr 11, 2012

My understanding is no, it's not illegal to own. For example, if you purchased the gun in NC, then moved to SC, and brought your guns with you, you would not be in violation of any laws.

throttleup · Apr 12, 2012

Understand that is is NOT illegal to buy or sell one of these pistols. Licensed Gun Dealers are not allowed to buy or sell them in South Carolina but there is nothing stopping private sales between individuals. SLED will not tell you which guns are on the list nor will they send you a copy of its unless you are applying for a State Gun Dealer's License. This list has not been updated in 20 years and there are rumors heard by dealers, that it is going to be eliminated shortly.

biganimal · Apr 12, 2012

SC law is vague it doesn't state whether a private citizen can own one of the banned guns BUT it does state that a DEALER cannot even possess or handle one.

SECTION 23-31-180. Certain pistols declared to be contraband; forfeiture, seizure, and destruction; disposal restrictions; use for display.

No licensed retail dealer may hold, store, handle, sell, offer for sale, or otherwise possess in his place of business a pistol or other handgun which has a die cast, metal alloy frame or receiver which melts at a temperature of less than eight hundred degrees Fahrenheit.
A pistol or other handgun possessed or sold by a dealer in violation of this article is declared to be contraband and must be forfeited to or seized by the law enforcement agency in the municipality where forfeited or seized or to the law enforcement agency in the county where forfeited or seized if forfeited or seized outside a municipality. The weapon must be destroyed by the law enforcement agency which seized the weapon or the law enforcement agency to which the weapon is forfeited. A weapon must not be disposed of in any manner until the results of any legal proceeding in which it may be involved are finally determined.
However, a law enforcement agency may use the weapon for display purposes after the weapon has been rendered inoperable.

SuperChuck · Apr 12, 2012

Thats a remnant of the old "Saturday Night Special" gun laws, they used funny criteria to prevent those types of compact, low-end manufactured pistols from being marketed. The reason that dealers are restricted to sell is that an "ex post facto" after the fact law cannot(should not) happen.

I.E. any of the guns that already existed in the state in the hands of private owners were legal at the time of sale and remain that way. In-state private sales have very little restrictions on them, and no reporting requirements, so it was not part of the Bill.. they could only monitor/enforce it amongst dealers.

Just like the assault weapons ban in the 80's, they had to restrict the manufacture of the firearms(in this case the sales) after a specific date, they could not make all previously existing variants of the guns illegal.

Once the AWB law was enacted, there was still a delay before it was fully implemented.

So all of the magazine manufacturers ramped up production prior to the enactment date and made enough high-capacity magazines leading up to the ban to offset the pain. The other reason that SKs's were so popular at the time, EVERYTHING about them was pre-enactment, although they eventually made the importers remove the bayonets.. Prices climbed a bit and you still see people refer to ARs as "Pre-Ban" because anything preban was legally allowed to retain all of its "Evil Features" Collapsible stocks, flash hiders, pistol grips, high cap mags, etc, etc