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Illinois Private Gun Sale Law help

4K views 15 replies 11 participants last post by  CharlieEcho 
#1 ·
anyone here in the unfortunate state of Illinois and know what steps I have to take to make a private, person to person purchase of a M1a?
 
#4 ·
You need to verify that the buyer/seller both have FOID cards then you need to record the information (name, address, serial number, firearm description, date of sale, etc.) and maintain it for a period of 10 years following the sale. This is for IL to IL transfer.

Hope this is of help.
 
#6 ·
Good Lord!! That is about as bad or worse than the DPRK. Or New York. Or New Jermany. No thanks.

Peoples' Republik of Ill-Noise....you folks in Egypt (southern Illinois) need to break away or something. Chicagograd has ruined your state. All the former governors there are all in jail for corruption.
 
#9 ·
Keep it simple;



Keep it simple, keep it legal, or keep it legal, keep it simple.

A synopsis of Illinois state laws on purchase, possession and carrying of firearms.

http://nraila.org/gun-laws/state-laws/illinois.aspx

PURCHASE
A buyer is required to show his Firearms Owner’s Identification Card (FOID) when purchasing any firearms or ammunition. Any seller is required to withhold delivery of any handgun for 72 hours, and of any rifle or shotgun for 24 hours, after the buyer and seller reach an agreement to purchase a firearm. The waiting period does not apply to a buyer who is a dealer, law enforcement officer, or a nonresident at a gun show recognized by the Illinois Department of State Police. The seller must retain for 10 years a record of the transfer, including a description of the firearm (including serial number), the identity of the buyer, and the buyer’s FOID number. READ ALL

A federally licensed dealer must contact the Department of State Police for a background check, for which there is a $2.00 fee. Any sales at gun shows, including dealers and private parties, must contact the state police for a background check.

Private parties selling firearms at gun shows must ensure the buyer has a FOID card and the buyer must undergo a background check. It is unlawful to sell or give any handgun to a person under 18, or any firearm to a person who is not eligible to obtain a FOID.
 
#10 ·
Man, Texas is great. We have an online classified site for guns. Just meet up, and do the deal. No paperwork, no waiting period, nothing. Only restriction is that you both have to be Texas residents, and you cannot have reason to believe the buyer is barred from firearm ownership.

You could even walk into a gun store, buy a weapon, and immediately sell it or give it to someone else right out on the street. So long as it isn't your "business".

I bought my M1A after meeting the guy in the parking lot at my office, slung it on my back, and rode my motorcycle home from work through town. We also have no state restrictions on carrying long guns. You can literally load a magazine, sling it, and go about your daily business.
 
#12 ·
Probably don't have to know he is not barred, just can't know he is barred.

For example if you sell to someone you never met before and it turns out later he was a felon you are OK since you did did not know about it. If sometime during the negotiations the guy told you he couldn't buy from a gun store because he was a felon then you couldn't sell to him.
 
#14 ·
Good info;



This is a good update.

The NRA-ILA sight, above earlier, provides a caveat in the heading since the new laws are going forward regarding transfer and CCW. It advises that the laws are updating.

The gun control act of 1968 provided the guidlines for sale to "restricted persons", nation wide. The Illinois Firearms Owners Card, or the FOID was put in place to remove the liability from a "seller" and place responsibility on the "State Police". Like any law, once it was found to have "illegal" loop holes, it's been amended. Hence we now have the gun control advocates targeting the "gunshow loop hole".

I'm no "jurist" so I like to get all my legal information from forums on the internut.DI5
 
#15 ·
Partial hijack here, as I have not done a private/gun show sale either. All mine have been FFL or CMP. Thoughts on serial number checks and how to go about doing so, other than doing the transfer through an FFL? Obviously if you know the other party well, this really isn't applicable.
 
#16 ·
Paper trail;



In Illinois when you sell a firearm person to person you are supposed to know the buyer has a valid FOID. You need to record the sale and retain that record for ten years. Pretty much that simple. A valid FOID means the buyer complies with the requirements in Illinois law, and the 1968 National Gun Law as well as the 1986 Firearms Owners Protection Act.

If you make the sale at a gun show you must do a background check on the buyer. Some, most, shows provide an area or dealer that will do that for you. It's simply a call to the State Police of Illinois to varify the FOID is valid. Only the FOID ID number is required. Gun shows began this service/ requirement to avoid the "gunshow loop-hole" we've all heard about.

When the State Police confirm the FOID is valid, they will provide a confirmation number you must also retain. It usually takes only a few minutes. At least that has been my past experince.

It is legal to sell to neighboring states following the laws of those states and recording the sale. Name, address, Date of Birth, and serial number of the firearm.

As five 0 noted in his posts, calling the State Police for all sales in the coming
new year will be a requirement to be legal.

Even if you know the buyer well you most likely have paper linking you to the firearm you are selling. If that firearm should be lost or stolen, used in a crime, there may be liability. Like I said I'm no jurist. You may find synopsis to the nations gun laws broken down state by state at the NRA-ILA linked previously above.
 
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