The proposed bill H. 3868 aims to amend the South Carolina Code of Laws by adding Article 2 to Chapter 31, Title 23, which mandates national instant criminal background checks for all sales, exchanges, or transfers of firearms within the state. The bill outlines specific procedures for conducting these background checks, including requirements for licensed dealers and stipulations for transactions at gun shows. It also defines key terms related to firearms and establishes penalties for violations of the article, including fines and potential imprisonment.

Additionally, the bill includes provisions to exempt records generated from these background checks from being disclosed as public records under the Freedom of Information Act. It specifies that a licensed dealer must complete a background check before any firearm transaction and maintain records of these transactions for law enforcement inspection. The legislation is designed to enhance public safety by ensuring that firearms are not transferred to individuals who may pose a risk to themselves or others.