Selling a gun via the internet from Illinois


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Soybomb
April 21, 2007, 02:54 AM
Hey guys I've never sold a gun via the internet from Illinois but I think I'm going to do that. Please don't respond if you just have general information for your state, illinois has records keeping requirements and wait periods and thats what I'm more interested in. What am I required to keep as records since the buyer won't have a foid card? Do I need a d/l number or just the receiving ffl's id number? I planned on just getting the ffl's number and verifying it via easy check since most don't seem to want to send their license to non-ffl's. Also any requirements for the wait period since the buyer is out of state? I'd assume not.

Also how do you usually collect payment since paypal seems to be non-gun friendly? Postal money order?

Thanks!

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Jeff White
April 21, 2007, 05:09 AM
Here's what the law says:
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1657&ChapAct=430%26nbsp%3BILCS%26nbsp%3B65%2F&ChapterID=39&ChapterName=PUBLIC+SAFETY&ActName=Firearm+Owners+Identification+Card+Act%2E
(430 ILCS 65/3) (from Ch. 38, par. 83‑3)
(Text of Section from P.A. 94‑6)
Sec. 3. (a) Except as provided in Section 3a, no person may knowingly transfer, or cause to be transferred, any firearm, firearm ammunition, stun gun, or taser to any person within this State unless the transferee with whom he deals displays a currently valid Firearm Owner's Identification Card which has previously been issued in his name by the Department of State Police under the provisions of this Act. In addition, all firearm, stun gun, and taser transfers by federally licensed firearm dealers are subject to Section 3.1.
(b) Any person within this State who transfers or causes to be transferred any firearm, stun gun, or taser shall keep a record of such transfer for a period of 10 years from the date of transfer. Such record shall contain the date of the transfer; the description, serial number or other information identifying the firearm, stun gun, or taser if no serial number is available; and, if the transfer was completed within this State, the transferee's Firearm Owner's Identification Card number. On demand of a peace officer such transferor shall produce for inspection such record of transfer.
(c) The provisions of this Section regarding the transfer of firearm ammunition shall not apply to those persons specified in paragraph (b) of Section 2 of this Act.
(Source: P.A. 94‑6, eff. 1‑1‑06.)

(Text of Section from P.A. 94‑284)
Sec. 3. (a) Except as provided in Section 3a, no person may knowingly transfer, or cause to be transferred, any firearm or any firearm ammunition to any person within this State unless the transferee with whom he deals displays a currently valid Firearm Owner's Identification Card which has previously been issued in his name by the Department of State Police under the provisions of this Act. In addition, all firearm transfers by federally licensed firearm dealers are subject to Section 3.1.
(b) Any person within this State who transfers or causes to be transferred any firearm shall keep a record of such transfer for a period of 10 years from the date of transfer. Such record shall contain the date of the transfer; the description, serial number or other information identifying the firearm if no serial number is available; and, if the transfer was completed within this State, the transferee's Firearm Owner's Identification Card number. On or after January 1, 2006, the record shall contain the date of application for transfer of the firearm. On demand of a peace officer such transferor shall produce for inspection such record of transfer.
(c) The provisions of this Section regarding the transfer of firearm ammunition shall not apply to those persons specified in paragraph (b) of Section 2 of this Act.
(Source: P.A. 94‑284, eff. 7‑21‑05.)

The requirement to keep a FOID card number only applies to transfers within the state. You couldn't get a FOID number from a non-resident because there is no provision for a non-resident to have a FOID card.

Note the change effective last year to keep a record of the date the person asked for the transfer. You don't want to run afoul of the waiting period. It doesn't say the waiting period doesn't apply to out of state sales.

HTH Jeff

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