Could a SC scrap buyer accept a foreign photo license for a large copper purchase?

Plain-English summary

A senator asked whether a scrap-metal company could buy a large quantity from a seller who was not a U.S. citizen and had a foreign-issued photo license. The Attorney General answered under the statute governing purchases of specified copper materials above ten pounds. That statute listed four acceptable forms of identification: a South Carolina driver's license, a South Carolina DMV identification card, a photo driver's license from another state, or a valid military identification card. A foreign-issued photo license was not on the list, so the company could not make the described purchase if that was the seller's only identification.

The opinion turned on the identification listed in the copper-purchase provision. It did not state that lack of U.S. citizenship itself barred every sale, and it did not analyze purchases of every kind of scrap metal. The linked letter addresses this statutory purchase and its stated identification facts.

Currency note

This opinion was issued in 2005. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Was a foreign photo license on the statute's accepted-ID list?
No. The AG said the four listed identification types did not include it.

Was citizenship the reason the AG rejected the transaction?
The opinion's stated reason was that the seller's only ID was a foreign-issued photo license, not one of the listed forms.

Did the answer cover every scrap-metal purchase?
No. The quoted provision concerned specified copper materials above ten pounds, and the AG used it to answer the described purchase.

Background and statutory framework

The opinion quoted the then-applicable copper-purchase restriction and its specific seller-identification list. It applied that list to the foreign-license facts supplied in the request.

Citations and references

The letter quoted the copper-purchase and identification provisions in S.C. Code Ann. § 16-17-680.

Official title

Questioning whether a scrap metal company can buy a large amount of scrap metal from an individual who has a picture license issued by a foreign country and who is not a United States citizen.

Requester

The Honorable Glenn G. Reese, Member, SC Senate

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/august-15-2005/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/05august-15-Reese.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
HENRY McMAsn:R
ATfORNEY GENERAL

August 15, 2005

The Honorable Glenn G. Reese
Senator, District No. 11
507 Fagan Drive
Lake Bowen
Inman, South Carolina 29349-7000
Dear Senator Reese:

In a letter to this office you questioned whether a scrap metal company can buy a large amount of scrap metal from an individual who has a picture license issued by a foreign country and who is not a United States citizen. S.C. Code Ann.§ 16-17-680 provides that (i)t is unlawful to purchase copper wire, copper pipe, copper bars or copper sheeting in excess of ten pounds from a person who is not a holder of a retail license or an authorized wholesaler or unless the purchaser obtains and can verify the name and address of the seller. Pursuant to subsection (D) of such provision, (t)or purposes of this section, the only identification acceptable is: (1) a valid South Carolina driver's license; (2) a South Carolina identification card issued by the Department of Motor Vehicles; (3) a valid driver's license from another state that contains the licensee's picture on the face of the license; or (4) a valid military identification card. Therefore, pursuant to such provision, a scrap metal company would not be authorized to buy a large amount of scrap metal from an individual whose only identification is a picture license issued by a foreign country. The only identifications authorized are those four methods set forth in subsection (D) above.
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REMB~ CJ DENNIS BUIU>JNG • PosrOrnCE Box 11549 • CoWMBIA. S.C. 29211-1549 • Ta.EPHONE: 803-734-3970 • fACSIMn..E: 803-253-6283

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The Honorable Glenn G. Reese
Page2
August 15, 2005

If there is anything further, please advise.
Sincerely,

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Charles H. Richardson
Senior Assistant Attorney General
REVIEWED AND APPROVED BY:

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Robert D. Cook
Assistant Deputy Attorney General