S.917S.918, H.4551 and H.4552 would all prohibit a licensed firearm dealer from transferring a firearm before either the completion of a National Instant Criminal Background Check System (NICS) check, or 28 days have elapsed from the date the dealer contacted the NICS whichever comes first.

Violation of this law would be a class A misdemeanor punishable by up to a $1,000 fine, three years imprisonment, or both.

Current federal law allows a licensed dealer to complete a firearm transfer if they have not received a response from NICS within 3 business days.

As is the case with virtually all gun control attempts, these bills would restrict the rights of law abiding citizens and do little to prevent violent criminal from obtaining weapons. Individuals who wish to obtain a firearm for criminal purposes are not likely to attempt to obtain that firearm in a way that requires them to undergo a background check. And even if a potential violent criminal fails a background check they can always obtain a firearm through illegal channels. In contrast a law abiding citizen who has an immediate need of a firearm for self-defense purposes would have their fundamental right of self-defense hindered by these bills.

By South Carolina Policy Council

Since 1986 the South Carolina Policy Council Education Foundation has advocated innovative policy ideas that advance the principles of limited government and free enterprise. The Policy Council is the state’s meeting place for business leaders, policymakers, and academics – as well as engaged citizens – who want to see South Carolina become the most free state in the nation. For questions or comments on the articles on this website, please email Research Director Jamie Murguia.