FTF sale of handgun from GA to SC to 20 yr old - Legal?

Eskimo · July 21, 2009, 07:54 AM

First of all, I know a lot of you will say "it is illegal to buy a handgun in the USA if you are under 21". That is simply not the case, so please save yourself the trouble. There are many states that allow private handgun sales to 18+.. SC is one of them.

Normally, the law is that a non-FFL in SC can sell another person in SC a hundgun as long as they are 18+.

The question is: can a person from GEORGIA sell a 20 year old a pistol in South Carolina, as long as it is legal in SC?

lockedcj7 · July 21, 2009, 08:02 AM

I'm no expert but my understanding is that this would be illegal. Cross-border sales of long guns are supposed to go through a FFL. I can't imagine that it would be different for handguns. As you stated, if you were both residents of SC, it would be legal.

blume357 · July 21, 2009, 08:02 AM

but I could be wrong.

Check with a local FFL / gun shop and see if you (the 20 year old can buy a handgun from them) I don't think you can buy a handgun from an FFL in S.C. and that will be the catch... because the only way you can buy it from the person in GA is have them transfer it through an S.C. FFL (gun shop).

You'd be better off to look for what you want in state and do it face to face that way.

What are you looking for by the way?

Jim Watson · July 21, 2009, 08:16 AM

Quote:

The question is: can a person from GEORGIA sell a 20 year old a pistol in South Carolina, as long as it is legal in SC?

No. Doesn't matter if he is 60 years old, it is not legal for an American Commoner to buy or sell a handgun outside his official state of residence. The transaction must go through a FFL in the buyer's home state at a minimum; and many dealers will require that it come from an FFL just to feel safe from BATF records audit.

carguychris · July 21, 2009, 08:34 AM

There are only 3 scenarios that would make this legal under federal law.

1) The buyer holds a Curio & Relic (C&R) FFL and the gun is C&R-eligible.

2) The handgun was made prior to January 1st, 1899, and is therefore legally considered an "Antique" exempt from federal regulations.

3) The handgun is a replica of a pre-1899 design that uses blackpowder and cannot be converted to fire metallic cartridge ammunition (i.e. cap-and-ball, matchlock, or flintlock).

**Bud Helms** · July 21, 2009, 08:47 AM

If 1) the seller and owner can legally possess in his home state and 2) The buyer can legally possess in his home state and 3) the handgun is shipped to a willing-to-receive FFL in the buyer's state, then it is probably legal.

Check with the receiving FFL in the buyer's state.

EDIT:

Ack! I just noticed, on rereading, the FTF part of the question.

Quote:

The question is: can a person from GEORGIA sell a 20 year old a pistol in South Carolina, as long as it is legal in SC?

Well, YES, but that question dropped the FTF part of the question that was in the title. The answer to the question in the title is NO, of course. Better readers than I caught that.

EOD Guy · July 21, 2009, 10:03 AM

Quote:

Originally Posted by Eskimo

First of all, I know a lot of you will say "it is illegal to buy a handgun in the USA if you are under 21". That is simply not the case, so please save yourself the trouble. There are many states that allow private handgun sales to 18+.. SC is one of them.

Normally, the law is that a non-FFL in SC can sell another person in SC a hundgun as long as they are 18+.

The question is: can a person from GEORGIA sell a 20 year old a pistol in South Carolina, as long as it is legal in SC?

The handgun would have to be transferred through a dealer in SC. Federal law prohibits that dealer from transferring the handgun to an individual under 21 years of age.

The answer is no.

EOD Guy · July 21, 2009, 10:04 AM

Quote:

Originally Posted by carguychris

There are only 3 scenarios that would make this legal under federal law.

1) The buyer holds a Curio & Relic (C&R) FFL and the gun is C&R-eligible.

You have to be at least 21 years old to get a C&R FFL.

Eskimo · July 21, 2009, 02:59 PM

Thanks for the answers guys. The deal is a no-go.. : (

July 21, 2009, 07:54 AM	#1
Eskimo Senior Member Join Date: October 18, 2008 Posts: 173	FTF sale of handgun from GA to SC to 20 yr old - Legal? First of all, I know a lot of you will say "it is illegal to buy a handgun in the USA if you are under 21". That is simply not the case, so please save yourself the trouble. There are many states that allow private handgun sales to 18+.. SC is one of them. Normally, the law is that a non-FFL in SC can sell another person in SC a hundgun as long as they are 18+. The question is: can a person from GEORGIA sell a 20 year old a pistol in South Carolina, as long as it is legal in SC?

July 21, 2009, 08:02 AM	#2
lockedcj7 Senior Member Join Date: February 15, 2007 Posts: 1,215	I'm no expert but my understanding is that this would be illegal. Cross-border sales of long guns are supposed to go through a FFL. I can't imagine that it would be different for handguns. As you stated, if you were both residents of SC, it would be legal. __________________ To a much greater extent than most mechanical devices, firearms are terribly unforgiving of any overconfidence, complacency or negligence.

July 21, 2009, 08:02 AM	#3
blume357 Senior Member Join Date: August 2, 2005 Location: Greenville, SC Posts: 3,943	I don't think so, but I could be wrong. Check with a local FFL / gun shop and see if you (the 20 year old can buy a handgun from them) I don't think you can buy a handgun from an FFL in S.C. and that will be the catch... because the only way you can buy it from the person in GA is have them transfer it through an S.C. FFL (gun shop). You'd be better off to look for what you want in state and do it face to face that way. What are you looking for by the way?

July 21, 2009, 08:34 AM	#5
carguychris Senior Member Join Date: October 20, 2007 Location: Richardson, TX Posts: 7,523	There are only 3 scenarios that would make this legal under federal law. 1) The buyer holds a Curio & Relic (C&R) FFL and the gun is C&R-eligible. 2) The handgun was made prior to January 1st, 1899, and is therefore legally considered an "Antique" exempt from federal regulations. 3) The handgun is a replica of a pre-1899 design that uses blackpowder and cannot be converted to fire metallic cartridge ammunition (i.e. cap-and-ball, matchlock, or flintlock). __________________ "Smokey, this is not 'Nam. This is bowling. There are rules... MARK IT ZERO!!" - Walter Sobchak

July 21, 2009, 02:59 PM	#9
Eskimo Senior Member Join Date: October 18, 2008 Posts: 173	Thanks for the answers guys. The deal is a no-go.. : (