Posted on September 17, 2015
See our Private Sales policy summary for a comprehensive discussion of this issue.
Any private (unlicensed) seller of a firearm who seeks to transfer a firearm to any unlicensed purchaser must, prior to transfer, contact the Department of State Police (DSP) with the transferee’s Firearm Owner’s Identification (FOID) Card number to determine the validity of the transferee’s FOID Card.1 The seller must await approval by DSP before transferring the firearm. Approvals issued by DSP for the purchase of a firearm are valid for 30 days.2
Exceptions to this requirement include: 1) transfers as a bona fide gift to the transferor’s husband, wife, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, nephew, niece, uncle, aunt, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, or daughter-in-law;3 and 2) transfers that occur at a federally licensed firearm dealer’s place of business, if the licensed dealer conducts a background check on the prospective recipient of the firearm and follows all other applicable federal, state, and local laws as if he or she were the transferor of the firearm.4
A private seller or transferor who complies with the law by determining the validity of a purchaser’s FOID card, will not be liable for damages in any civil action arising from the use or misuse by the transferee of the firearm transferred, except for willful or wanton conduct on the part of the seller or transferor.5
DSP is tasked with developing an Internet-based system for private sellers to determine the validity of a FOID Card prior to transferring a firearm to an unlicensed purchaser.6 DSP is required to have this system operable by July 1, 2015.7
Illinois has a separate private sales background check requirement at gun shows. See the Gun Shows in Illinois section for further information.
The following Illinois laws apply to all firearm sales, regardless of whether the seller is a licensed dealer:
- Illinois law prohibits any person from knowingly selling firearms or ammunition to individuals who are ineligible to possess a firearm or who do not hold a Firearm Owner’s Identification (“FOID”) card. It is a Class 3 felony, for example, for any person to knowingly sell or give any firearm to any person who has been convicted of a felony.8 See the Licensing of Gun Owners & Purchasers section for information about FOID cards.
- Any person who transfers a firearm must keep records of all such transfers for a period of 10 years.9 See the Retention of Sales & Background Checks Records section for more information.
- All firearms sellers must abide by statutory waiting periods.10 See the Waiting Periods section for more details.
- 430 Ill. Comp. Stat. 65/3(a-10). [↩]
- Id. [↩]
- 430 Ill. Comp. Stat. 65/3(a-15)(2). [↩]
- 430 Ill. Comp. Stat. 65/3(a-15)(1). [↩]
- 720 Ill. Comp. Stat. 5/24-3(A)(k). [↩]
- 430 Ill. Comp. Stat. 65/3(a-20). [↩]
- Id. [↩]
- 430 Ill. Comp. Stat. 65/2(a)(1), (2); 430 Ill. Comp. Stat. 65/3(a); 430 Ill. Comp. Stat. 65/4; 720 Ill. Comp. Stat. 5/24-3(A)(d), (k), (C) (9). [↩]
- 430 Ill. Comp. Stat. 65/3(b). [↩]
- 720 Ill. Comp. Stat. 5/24-3(A)(g). [↩]