The proposed bill, H. 3868, seeks 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. This requirement extends to transactions at gun shows, where vendors must conduct background checks through licensed dealers. The bill also stipulates that records from these transactions are exempt from public disclosure under the Freedom of Information Act and establishes penalties for violations, classifying them as misdemeanors with fines up to $1,000 or imprisonment for up to one year.

Key provisions of the bill include the definition of terms related to firearms, the requirement for licensed dealers to complete background checks before any transfer, and the necessity for a unique identification number from the National Instant Criminal Background Check System (NICS) before a firearm can be delivered. Additionally, the bill allows dealers to charge a fee of up to $25 per transaction for conducting these checks. The legislation aims to enhance public safety by ensuring that individuals prohibited from owning firearms are not able to acquire them through private sales or at gun shows.