Legal age to Purchase and Use a Handgun in IL????

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swan hunter

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I had a young man 20 years old say he was afraid to transport his pistol because he was under 21.
We got to checking and can't seem to find the laws the prohibit anyone 18 and older from purchase, transport and use of a handgun as long as they have a foid and no juvi record.
It is "common knowledge" that you have to be 21 to purchase a handgun but, I can't find it in black & white.
Please help me clear this up for this young man...By the way...he is also CONSUMED with the desire for old military weapons:D...I want to encourage him all I can.

Thanks
 
I'm almost certian it's a federal law. that might be why you cant find it in the illonois code. It's my understanding that the law only applies to the purchase of handguns and ammunition though. However, Illinois may hae additional laws concerning people under 21 and handguns regarding transport and possesion.
 
Federal law prohibits licensed dealers from selling a handgun to anyone under age 21, long guns to anyone under age 18.
 
Yes, I finally found that part about purchase...Thanks but...

How about possessing the handgun...Can a foided 20 year old legally take a handgun to the range and shoot by himself?
 
FIVETWOSEVEN can't you in vermont buy and carry a handgun at 16?
Click to expand...

Read the post immediately before yours. It is a violation of Federal law for a licensed firearms dealer to sell a handgun to someone younger than 21. Federal law does not restrict purchases from nonlicensees.

Your STATE law may differ.


swan hunter How about possessing the handgun...Can a foided 20 year old legally take a handgun to the range and shoot by himself?
Click to expand...

Federal law does not prohibit the possession of firearms by anyone of any age. Again, STATE laws may be different.
 
Illinois has a lot of mixed up rules but federally speaking, if you aren't a dealer i.e. just some guy with a pistol, you can sell it to someone under 21. -21 people can own, fire at a range and purchase handguns as long as it is not a dealer selling the gun.

as far as transport goes in Illinois, and this is weird because how can you prove it ,but, you can transport a handgun, under 21, only to a range/competition.

oh and you can't buy a handgun with the specific intention to sell it to another person if they are under 21, and of course you are over 21. it's reffered to as a "straw buy" or something but the same deal goes with the purchase of alcohol. how can you prove that intention? haha who knows.

thank you Illinois.

I am under 21 and had these questions for my dealer recently. I suggest asking your dealer to be sure of all the facts.
 
21! Some shops let you purchase pistol ammo under 21 if you have a carbine like a CX4 or Hi Point 995, some don't.
 
technically yes he can transport but he should not transport the gun because in Illinois you must be 21 to buy a handgun private or dealer. because the foid card agreement says a private seller cannot sell to anyone who he believes the subject cannot buy the same gun from a dealer. so the seller who gave him that gun (father/friend) knew he could not buy that gun because his under 21.
there are no laws about the age of transportation however if the cop wanted to be a pain he could arrest him for unlawful purchase of a gun however I never heard this happen before and i would not want to be the ginny pig.
 
Thats not correct.


Here is the FOID Statute:

(430 ILCS 65/3) (from Ch. 38, par. 83‑3)
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.
(a‑5) Any person who is not a federally licensed firearm dealer and who desires to transfer or sell a firearm while that person is on the grounds of a gun show must, before selling or transferring the firearm, request the Department of State Police to conduct a background check on the prospective recipient of the firearm in accordance with 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 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. If the transfer or sale took place at a gun show, the record shall include the unique identification number. Failure to record the unique identification number is a petty offense.
(b‑5) Any resident may purchase ammunition from a person outside of Illinois. Any resident purchasing ammunition outside the State of Illinois must provide the seller with a copy of his or her valid Firearm Owner's Identification Card and either his or her Illinois driver's license or Illinois State Identification Card prior to the shipment of the ammunition. The ammunition may be shipped only to an address on either of those 2 documents.
(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; 94‑284, eff. 7‑21‑05; 94‑353, eff. 7‑29‑05; 94‑571, eff. 8‑12‑05; 95‑331, eff. 8‑21‑07.)
Click to expand...

Here is the Unlawful possession of firearms and ammo statute, and it doesnt mention that a person under the age of 21 cant buy a handgun from a private party.

(720 ILCS 5/24-3.1)
Sec. 24-3.1. Unlawful possession of firearms and firearm ammunition.
(a) A person commits the offense of unlawful possession of firearms or firearm ammunition when:
(1) He is under 18 years of age and has in his possession any firearm of a size which may be concealed
upon the person; or
(2) He is under 21 years of age, has been convicted of a misdemeanor other than a traffic offense or adjudged
delinquent and has any firearms or firearm ammunition in his possession; or
(3) He is a narcotic addict and has any firearms or firearm ammunition in his possession; or
12
(4) He has been a patient in a mental hospital within the past 5 years and has any firearms or firearm
ammunition in his possession; or
(5) He is mentally retarded and has any firearms or firearm ammunition in his possession; or
(6) He has in his possession any explosive bullet. For purposes of this paragraph “explosive bullet” means
the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will
explode upon contact with the flesh of a human or an animal. “Cartridge” means a tubular metal case
having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the
propellant contained in such tube between the projectile and the cap; or
(b) Sentence. Unlawful possession of firearms, other than handguns, and firearm ammunition is a Class A misdemeanor.
Unlawful possession of handguns is a Class 4 felony.
Click to expand...

Also, I found this one regarding unlawful sale of a firearm, and it doesnt mention it either.

(720 ILCS 5/24-3)
Sec. 24-3. Unlawful Sale of Firearms.
A person commits the offense of unlawful sale of firearms when he knowingly:
(a) Sells or gives any firearm of a size which may be concealed upon the person to any person under 18 years
of age; or
(b) Sells or gives any firearm to a person under 21 years of age who has been convicted of a misdemeanor other
than a traffic offense or adjudged delinquent; or
(c) Sells or gives any firearm to any narcotic addict; or
(d) Sells or gives any firearm to any person who has been convicted of a felony under the laws of this or any
other jurisdiction; or
(e) Sells or gives any firearm to any person who has been a patient in a mental hospital within the past 5 years;
or
(f) Sells or gives any firearms to any person who is mentally retarded; or
11
(g) Delivers any firearm of a size which may be concealed upon the person, incidental to a sale, without withholding
delivery of such firearm for at least 72 hours after application for its purchase has been made, or delivers
any rifle, shotgun or other long gun, incidental to a sale, without withholding delivery of such rifle, shotgun or
other long gun for at least 24 hours after application for its purchase has been made. However, this paragraph
shall not apply to:
(1) the sale of a firearm to a law enforcement officer or a person who desires to purchase a firearm for use
in promoting the public interest incident to his employment as a bank guard, armed truck guard, or other
similar employment; or
(2) a mail order sale of a firearm to a nonresident of Illinois under which the firearm is mailed to a point
outside the boundaries of Illinois; or
(3) the sale of a firearm to a nonresident of Illinois while at a firearm showing or display recognized by the
Illinois Department of State Police; or
(4) the sale of a firearm to a dealer licensed under the Federal Firearms Act of the United States; or
(h) While holding any license under the Federal “Gun Control Act of 1968", as amended, as a dealer, importer,
manufacturer or pawnbroker; manufactures, sells or delivers to any unlicensed person a handgun having a
barrel, slide, frame or receiver which is a die casting of zinc alloy or any other nonhomogeneous metal which
will melt or deform at a temperature of less than 800 degrees Fahrenheit. For purposes of this paragraph,
(1) “firearm” is defined as in “An Act relating to the acquisition, possession and transfer of firearms and
firearm ammunition, to provide a penalty for the violation thereof and to make an appropriation in connection
therewith”, approved August 3, 1967, as amended;
(2) “handgun” is defined as a firearm designed to be held and fired by the use of a single hand, and includes
a combination of parts from which a firearm can be assembled; or
(i) Sells or gives a firearm of any size to any person under 18 years of age who does not possess a valid Firearm
Owner’s Identification Card.
(j) Paragraph (h) of this Section shall not include firearms sold within 6 months after enactment of this amendatory
Act of 1973, nor shall any firearm legally owned or possessed by any citizen or purchased by any citizen
within 6 months after the enactment of this amendatory Act of 1973 be subject to confiscation or seizure
under the provisions of this amendatory Act of 1973. Nothing in this amendatory Act of 1973 shall be construed
to prohibit the gift or trade of any firearm if that firearm was legally held or acquired within 6 months
after the enactment of this amendatory Act of 1973.
(k) Sentence. Any person convicted of unlawful sale of firearms in violation of paragraphs (b) through (h) commits
a Class 4 felony. Any person convicted of unlawful sale of firearms in violation of paragraph (a) or (i)
commits a Class 3 felony. Any person convicted of unlawful sale of firearms in violation of paragraph (a) or (i)
in any school, regardless of the time of day or the time of year, in residential property owned, operated, and
managed by a public housing agency, in a public park, in a courthouse, on the real property comprising any
school, regardless of the time of day or the time of year, on residential property owned, operated, and managed
by a public housing agency, on the real property comprising any public park, on the real property
comprising any courthouse, in any conveyance owned, leased, or contracted by a school to transport students
to or from school or a school related activity, or on any public way within 1,000 feet of the real property
comprising any school, public park, courthouse, or residential property owned, operated, and managed by a
public housing agency commits a Class 2 felony. (Source: P.A. 88-680, eff. 1-1-95.)
Click to expand...

So, barring any of the above, can somebody show me something in writing that says an 18-20 year old with a FOID cant buy a handgun from a private party?
 
(2) It shall be unlawful for any person who is a juvenile to
knowingly possess -
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(3) This subsection does not apply to -
(A) a temporary transfer of a handgun or ammunition to a
juvenile or to the possession or use of a handgun or ammunition
by a juvenile if the handgun and ammunition are possessed and
used by the juvenile -
(i) in the course of employment, in the course of ranching or
farming related to activities at the residence of the juvenile
(or on property used for ranching or farming at which the
juvenile, with the permission of the property owner or lessee,
is performing activities related to the operation of the farm
or ranch), target practice, hunting, or a course of instruction
in the safe and lawful use of a handgun;
(ii) with the prior written consent of the juvenile's parent
or guardian who is not prohibited by Federal, State, or local
law from possessing a firearm, except -
(I) during transportation by the juvenile of an unloaded
handgun in a locked container directly from the place of
transfer to a place at which an activity described in clause
(i) is to take place and transportation by the juvenile of
that handgun, unloaded and in a locked container, directly
from the place at which such an activity took place to the
transferor; or
(II) with respect to ranching or farming activities as
described in clause (i), a juvenile may possess and use a
handgun or ammunition with the prior written approval of the
juvenile's parent or legal guardian and at the direction of
an adult who is not prohibited by Federal, State or local law
from possessing a firearm;
(iii) the juvenile has the prior written consent in the
juvenile's possession at all times when a handgun is in the
possession of the juvenile; and
(iv) in accordance with State and local law;
Click to expand...

Looks like a juvenile can have a handgun as long as they have the parents written permission. Seems like a reasonable precaution to get a signed a notarized letter and keep it in the guns case (I can't think of an area where a minor can carry concealed for self-defense, so they'd really only be able to use the gun for target or range shooting).
 
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mlaustin said:
Looks like a juvenile can have a handgun as long as they have the parents written permission. Seems like a reasonable precaution to get a signed a notarized letter and keep it in the guns case (I can't think of an area where a minor can carry concealed, so they'd really only be able to use the gun for target or range shooting).
Click to expand...

mlaustin,

You need to look at that statute more carefully.

Conditions (i), (ii), (iii), AND (iv) must be ALL met. A juvenile (<18 years old) can only possess a handgun in certain, limited circumstances: farming, employment, target shooting, instruction or hunting. They cannot carry the handgun merely for self defense, even with parents permission.
 
In some states I'm not sure about yours you have to be 21 to purchase a handgun from a FFL dealer as they have to follow federal law. However, in some states the legal age is 18. So if you a purchasing from a private party you only have to be 18 or if you are given the gun as a gift you only have to be 18. As it's 18 to own you just have to be 21 to buy it from a dealer with a FFL.

Not sure if I worded all of this correctly and make sure you check your local laws to see what they are for your area.
 
it my not be a IL law then it might be a fed law. I know for fact you can not sell a gun to a person you believe can not purchase a though normal means.

Anyways these laws are written to slap onto criminals who do other bad things. If hes just minding his own business he should be fine.
 
I know that at all of the ranges I shoot at, with the exception of an outdoor range, you have to be 21, or with a guardian to shoot a pistol.
 
NavyLT - I'd would actually say I got it right, since I specifically pointed out that carrying concealed is not possible as a minor, meaning that the only things a minor could carry a gun for would be "target practice, hunting, or a course of instruction". That's about all I do with my guns...unless there are uses I'm missing here. So no, obviously a minor cannot carry a gun for self defense, regardless of permission, as I stated. The question was about owning and using a handgun as a minor, and as I correctly stated, with the parental consent in the form of a letter, you can partake in just about any handgun activity as a minor. You cannot carry a handgun for self defense, but if you were using a handgun as a minor for one of these other uses and were attacked and it was clearly self-defense, you could use the gun you already had for, say, shooting squirrels to defend yourself. Unless you use your guns for something other than work, self-defense, target shooting, hunting, or training, I think I covered all the uses of a handgun as a minor accurately in my post.
 
Yes, mlaustin, you are correct in that. But, we also have to look at the age range being addressed by 18 USC 922 (x). In some states, such as Alaska and Vermont, it is perfectly legal for an 18+ person to carry a concealed handgun for self defense or any other legal purpose. Some states also issue concealed carry permits to persons 18+. In all but about 11 or 12 states an 18+ person can open carry a handgun for any legal purpose.

18 USC 922(x) is dealing with handgun possession only by persons under 18 years old.
 
it my not be a IL law then it might be a fed law. I know for fact you can not sell a gun to a person you believe can not purchase a though normal means.

Anyways these laws are written to slap onto criminals who do other bad things. If hes just minding his own business he should be fine.
Click to expand...

Describe "normal means". As has been stated, lots of states allow an 18-20 year old person to buy a handgun from a private individual, while being barred from buying from a licensed dealer. There is nothing illegal in that. From what I can find in the Illinois statutes, there is nothing prohibiting the purchase of a handgun from a private party as long as they have a valid FOID, record the sale, and wait the 72 hours.
 
normal means is walking into a gun dealer and trying to buy the gun (assuming the gun shop is following the laws) but no gun shop can really follow all the laws, their like 1000 page book. their bound to do something illegal.

anyways back to your statement, YES some states allow 18-20 to buy handgun private however there is no law written in IL anything about that so if falls under this law.
BUT DONT WORRY ABOUT IT! they will only came after the father after the fact the son did something crazy. No cop is going to arrest him if his transporting the gun according to IL standard.
 
Show me "this law". Since Illinois doesnt prohibit it by statute (that I have seen, if anybody has seen a statute regarding the subject at hand, please post it), it is, by default, legal, as long as all other conditions have been met (FOID/wait, etc.). There is no other law that you or anybody else has pointed out. Most states gun laws have a blurb about not selling to anybody that would be otherwise prohibited from possessing it. Thats not the case here.

Purchasing from an FFL is only one means in, and that doesnt in and of itself qualify it as the "normal" way to buy a gun in Illinois.
 
psi2941 said:
anyways back to your statement, YES some states allow 18-20 to buy handgun private however there is no law written in IL anything about that
Click to expand...

So, what you are saying is that since "there is no law written in IL anything about that" THEN IT IS LEGAL! HELLO! We live in America. In the American legislative system we make laws that define what is ILLEGAL. If there is no law making it ILLEGAL, than the activity in question is LEGAL. THAT is why you won't find any laws specifically making it illegal for an 18-20 year old to buy a handgun from a private party.... because it is a LEGAL activity.

Show me the law that makes it legal for you to take a shower every day (assuming that you do). Because you can't find a law that says that it is legal for you to take a shower everyday make that action illegal? NO.
 
It's 21 years old gentlemen

FOID card applications mention you have to be 18 for a shotgun/rifle, 21 for a handgun. I'll trust the Illinois State Police on this one, since they'd be the arresting party in this matter.

Here is a direct quote to boot. Ahem.
"At what age can I purchase a long gun? Handgun?
In Illinois you must be at least 18 years of age to purchase a long gun and at least 21 years of age to purchase a handgun."

This is, of course, courtesy of the ISP website. It's the last question on the page, all the way at the bottom.

How about possessing the handgun...Can a foided 20 year old legally take a handgun to the range and shoot by himself?
Click to expand...
No. Any FFL dealer in Illinois can only sell/rent a handgun and sell handgun ammunition to persons above 21 years of age. You would most likely be denied access to the range, and told to go home while driving the speed limit.

oh, and by the way...
Thread-Offtopic-Derailed.jpg
 
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I posted all the relevant statutes. The FOID website leaves out a lot of information.

If you want to put your faith into the ISP's FAQ page as being all encompassing, more power to you.

ETA: I emailed them with the statute numbers. I will post up here if I get a response. If it goes anything like when I emailed DNR though, it will be a few weeks.
 
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