SC H3868

Requires national instant criminal background checks (NICS) for all firearm sales, exchanges, or transfers in South Carolina, except those conducted by licensed dealers under federal law or between immediate family members (spouses, domestic partners, children, stepchildren)

Mandates that a licensed dealer conduct the background check and complete an approved SLED form confirming the check was performed; firearms cannot be delivered until NICS provides approval or 30 days elapse without notification of a violation

Requires background checks for all firearm transactions at gun shows, with promoters required to arrange for licensed dealers on-site to conduct the checks

Allows dealers to charge up to $25 per transaction for conducting background checks and exempts transaction records from public disclosure under the Freedom of Information Act

Establishes a misdemeanor penalty for knowingly violating the article, punishable by up to $1,000 fine or up to one year imprisonment