A South Carolina Firearm Bill of Sale provides proof of purchase and the details of your gun sale in the state.
Before writing your bill of sale, read about what you need to consider and understand how to fill out this document.
- What is a South Carolina Firearm Bill of Sale?
- What Are the Requirements for Selling a Firearm in South Carolina?
- Documents Needed To Complete a Firearm Bill of Sale in South Carolina
- Additional South Carolina Firearm Laws
- Concealed and Open Carry Laws in South Carolina
- South Carolina Firearm Reciprocity
- How To Write a Firearm Bill of Sale in South Carolina
- Summary
- South Carolina Firearm Bill of Sale Sample
What is a South Carolina Firearm Bill of Sale?
A South Carolina firearm bill of sale is a legal form that documents the details of your firearm transfer.
Private sellers should use this form to create an official record of the firearm sale, the purchase price, and other essential details.
What Are the Requirements for Selling a Firearm in South Carolina?
There are minimal requirements to sell a firearm in South Carolina. The following can help you understand what you need to do.
Private Parties Selling Firearms in South Carolina
Private parties are individuals who are not in the business of selling firearms. They are not licensed dealers and only want to sell, gift, or transfer firearms between one another.
For example, selling a firearm to a friend is a private party sale. A South Carolina firearm bill of transfer form can help you make the exchange correctly.
Does the Law in South Carolina Require a Firearm Bill of Sale?
South Carolina does not require a firearm bill of sale by law. However, using one is highly recommended. This document outlines all of the details for the sale and purchase of your firearm.
It can help protect you from fraud and clarifies to law enforcement that ownership is transferred from the seller to the buyer.
Firearm Inheritance Laws in South Carolina
Firearms are a type of personal property. If owned directly by an individual, they can pass through the South Carolina probate process or a will.
If a trust owns the firearm, the transfer of that firearm is governed by the trust.
Documents Needed To Complete a Firearm Bill of Sale in South Carolina
South Carolina does not require additional documents attached to your firearm bill of sale.
However, some documents you may want to attach to your bill of sale include the following:
- Registration. Firearm registration is not required for firearms in South Carolina. However, if you have registration information for the weapon, you should attach it to the document anyway.
- Prior Purchase Documents. The seller should attach prior receipts or bills of sale to the current one to create an ownership history for the firearm.
- Concealed Weapon Permit. If the buyer intends to carry a concealed handgun, they should consider attaching their South Carolina Concealed Weapon Permit.
- Copy of Identification. A copy of your state-issued identification card or driver’s license can help document who the parties are in the transaction.
Additional South Carolina Firearm Laws
Who Cannot Purchase a Firearm in South Carolina?
Under South Carolina Code § 16-23-30(A), the following persons are prohibited from purchasing a firearm:
- A person convicted of a violent crime in the United States, territories, possessions, or the District of Columbia
- Any person who is a fugitive from justice
- A person who is a drug addict, habitual drunkard, or has been adjudicated as mentally incompetent
- A person who is part of a subversive organization
- A person under the age of eighteen (18), unless they are entitled to use a firearm as part of their military service or while under the immediate supervision of a parent or adult instructor for purposes of firearm instruction
- A person adjudged unfit to carry or possess a firearm by a county court judge or circuit judge in South Carolina
Does South Carolina Have a Waiting Period for Gun Sales?
There is no waiting period to purchase a firearm in South Carolina.
Can You Buy a Gun in South Carolina Without Registering It?
South Carolina does not require registration of firearms.
The state prohibits government agencies from requiring registration of privately owned firearms according to South Carolina Code § 23-31-510(1).
Does a Firearm Bill of Sale Have To Be Notarized in South Carolina?
Your firearm bill of sale must not be notarized in South Carolina.
You may still choose to do so, as notarization helps prove the validity of the signatures and the transaction.
Is a Record of Firearms Sent to Police in South Carolina?
Background checks performed by firearms dealers are sent to law enforcement and national databases.
Transactions between private sellers are not typically sent to the police.
Concealed and Open Carry Laws in South Carolina
How To Apply To Carry a Firearm in South Carolina
Open carry of a long gun is allowed without a permit in South Carolina. You will need a permit if you want to open carry a handgun or concealed carry any firearm.
You can apply for a Concealed Weapon Permit through the South Carolina Law Enforcement Division’s website.
A Concealed Weapon Permit will be issued to residents of South Carolina, at least 21 years old, not otherwise prohibited from possessing a firearm, and after completing a firearm safety course approved by the state.
South Carolina Firearm Reciprocity
Under South Carolina Code § 23-31-215(N), South Carolina recognizes concealed carry licenses from all states except:
- Alabama
- California
- Colorado
- Connecticut
- Hawaii
- Indiana
- Maine
- Massachusetts
- Montana
- Nevada
- New Hampshire
- New Jersey
- New York
- Oregon
- Pennsylvania
- Rhode Island
- Utah
- Vermont
- Washington
- Wisconsin
How To Write a Firearm Bill of Sale in South Carolina
Step 1 — Research Your Local Firearm Laws
Ensure you understand your local gun laws before selling or buying a firearm.
Know if you can legally possess a firearm under state and federal law.
Step 2 — Meeting With a Potential Buyer
Meet with a potential buyer and confirm they are not prohibited from purchasing a firearm.
Step 3 — Arrange an In-Person Exchange
Meet in person to sign the South Carolina firearm bill of sale and to transfer the firearm.
Do not send a gun by mail as a private seller.
Step 4 — Fill In the Parties Involved in the Firearm Sale
Your firearm bill of sale should identify both the seller and buyer, including information such as:
- Names
- Addresses
- Contact information
- Identification numbers or copies of your IDs
Step 5 — Complete a Firearm Bill of Sale
Fill out the South Carolina firearm bill of sale with all the necessary information. A template bill of sale helps you write down all the required information.
The firearm bill of sale form should also include both parties’ signatures.
Step 6 — Note the Details of the Firearm Sale
Include essential details of your sale, including:
- A description of the firearm
- The condition of the firearm
- The purchase price and sale date
Summary
While South Carolina does not require a firearm bill of sale, it is a crucial document to protect the rights of both parties in the sale and purchase of a firearm.
You want to ensure your firearm sale is valid and both parties can prove what happened during the sale.
You can use our template builder to create your firearm bill of sale in South Carolina. Legal Templates is here to help you buy or sell a firearm in South Carolina.
South Carolina Firearm Bill of Sale Sample
Below is an example of a South Carolina firearm bill of sale.