How to Buy or Sell a Firearm Legally in Illinois

Close up of a person safely handling a firearm

Illinois firearms laws are among the strictest in the United States. Navigating our state's strict firearms regulations can be difficult. The current laws are intended to prevent criminals from accessing guns. However, it can also make it more challenging for law-abiding citizens to conduct legal gun transactions.

Northern Illinois Carry LLC created this guide to help clarify the laws governing the buying, selling, and transferring of firearms to avoid getting tripped up by confusing gun laws.


Requirements to Purchase a Firearm in Illinois

To legally purchase a rifle, shotgun, or ammunition, the buyer must be at least 18 years of age. Handgun buyers must be 21 years or older. In addition, to possess firearms or ammunition, all buyers must have a valid Firearm Owner's Identification Card (FOID). For more specific information on acquiring a FOID, visit the Illinois State Police (ISP) website.  

Before obtaining a firearm, check with your local municipality for applicable firearm ordinances. For example, some municipalities have laws prohibiting certain types of firearms or requiring firearms to be secured within your home. In addition, each municipality must submit a copy of every ordinance regulating firearms acquisition, possession, or transfer to the Illinois State Police.

A Bureau of Alcohol, Tobacco & Firearms Form 4473 is required to purchase a firearm from a licensed firearms dealer. The dealer will keep this form. In addition, the Federal Brady Law requires that any firearms buyer undergo a National Instant Criminal Background Check System (NICBS) check performed by the dealer. This background check informs the dealer if the buyer's history is acceptable to purchase the firearm and notifies the ISP to conduct a background check according to state and federal laws.  

If the transaction is approved, buyers must adhere to the State of Illinois waiting periods before they can take possession of the firearm. For a long gun, the waiting period is 24 hours; for a handgun, 72 hours. Additionally, upon taking possession of the firearm, it must be unloaded and placed in a transportable case.

 

How to Sell a Firearm Privately in Illinois

According to 430 ILCS 65/3 (a-10), anyone who wishes to sell or transfer firearms to anyone who isn't a federally registered firearm dealer must contact the ISP with their FOID number. This will allow the ISP to verify the validity of the purchaser's or the transferee's FOID.

The ISP may implement this subsection. If the FOID of the purchaser is valid, the ISP will issue an approval number to the seller or transferor, which is valid for 30 calendar days after the issue date. Additionally, the record of the sale must be kept on the seller's file for at least ten years.

 

Illinois Firearm Ownership Restrictions

Illinois also has restrictions regarding firearm ownership. These are some of the laws that prohibit a person in Illinois from possessing a firearm:

·       Not been a patient at a mental institution or in any other part of a facility for treatment of mental illness in the past five years

·       Not intellectually or developmentally disabled.

·       Not used any controlled substance or narcotics to violate state or federal laws in the past year.

·       Not subject to an existing Order of Protection, No Contact/No Stalking Order.

·       Not been convicted for domestic battery (felony, misdemeanor), aggravated domestic battery, or any other similar offense.

·       Not failed a drug test for a non-prescription drug within the last year.

·       Not been granted admittance into the U.S. under a non-immigrant visa per the Immigration and Nationality Act.

·       Never lost United States citizenship.

·       Never been discharged from Armed Forces under dishonorable circumstances.

·       Not a fugitive from justice.


Choose Northern Illinois Carry LLC

USCCA Concealed Carry and Home Defense Course is a 16-hour course and meets the Illinois State Police requirements for the Illinois Concealed Carry Permit. Upon completing the course, students will receive a certificate required when renewing their Illinois Concealed Carry Permit. Visit Northern Illinois Carry LLC online to learn more, or call us at 815-501-9421 with any questions.



Sources

https://www.chicagocriminallawyer.com/the-right-way-for-private-citizens-to-sell-firearms-in-illinois/

https://www.wheelingil.gov/242/Person-to-Person-Firearms-Transfers

https://www.cashmyguns.com/blog/how-to-sell-a-gun-in-illinois/


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