Need help with Illinois laws

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My local shop has changed hands and the new owner has some funny ideas. He thinks that the Illinois waiting period (72 hours for handguns and 24 hours for long guns) means three business days, instead of the actual hours. He also thinks the waiting period doesn't start until he gets the approval number from NICS.

I tried explaining that NICS and the State waiting period are two separate issues, and that 72 hours means just that, but he didn't buy it.

Can someone point me to an explanation that explains exactly what the waiting period is and when it starts, so I can show it to him?

Thanks
 
http://www.isp.state.il.us/docs/firearms052104.pdf

that is a quick reference to Illinois gun laws. It straight up says hours, not business days, so I would press that.

Also, the "reason" for the wait is so that if something hits in the State Police Firearm Services Bureau , you dont have the gun. The way it reads, Illinois doesnt even use NICS, it uses its own system that talks to NICS through a third party, like California does.

I will look up the PC on it too, but somebody else here probably will beat me to it.

Jamie
 
(720 ILCS 5/24‑3) (from Ch. 38, par. 24‑3)
Sec. 24‑3. Unlawful Sale of Firearms.
(A) A person commits the offense of unlawful sale of firearms when he or she knowingly does any of the following:
[ a-f deleted ]

(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, or a stun gun or taser, incidental to a sale, without withholding delivery of such rifle, shotgun or other long gun, or a stun gun or taser for at least 24 hours after application for its purchase has been made.

However, this paragraph (g) does not apply to: (1) the sale of a firearm to a law enforcement officer if the seller of the firearm knows that the person to whom he or she is selling the firearm is a law enforcement officer or the sale of a firearm to a person who desires to purchase a firearm for use in promoting the public interest incident to his or her employment as a bank guard, armed truck guard, or other similar employment; (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; (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 as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).

For purposes of this paragraph (g), "application" means when the buyer and seller reach an agreement to purchase a firearm.
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Looks like the clock starts when you say "Ring'er up!" and the shop-person says "Cash or charge?" If that's 3 PM on Monday, 24 hours later is Tuesday, 48 is Wednesday, 72 is Thursday - the law is met at 3:01 pm on Thursday.

Note, however, "at least".

I have no idea what Illinois sends to FFL dealers.

The state firearms faq says only
Does Illinois have a waiting period for firearm purchases and does it apply to private sales?
Yes. Illinois law requires withholding the delivery of a concealable weapon (i.e. a handgun) for at least 72 hours and a rifle, shotgun, or other long gun for at least 24 hours. This applies for gun dealers and private sales.
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even with that "at least" thrown in there, if it is paid for and the minimum wait has run its course, I would say that if the dealer keeps the gun it is theft.

I would venture to guess that "at least" was thrown in there in case some community decided to change the rules locally, and the state wanted to be sure that there was a minimum. Crook County might have an ordnance that says 10 days, but it is not less than the three day, so it is ok....
 
My local shop has changed hands and the new owner has some funny ideas. He thinks that the Illinois waiting period (72 hours for handguns and 24 hours for long guns) means three business days, instead of the actual hours. He also thinks the waiting period doesn't start until he gets the approval number from NICS.
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I saw some kind of bulletin from the ISP posted at a local gun shop not that long ago making this assertion as well. As best I can tell, it is not anything supported by law.
 
Thanks guys, but I've seen the stuff posted and linked, I was hoping for something more specific. But, I wouldn't be surprised if the ISP is telling dealers one thing, when the law says another; they have certainly done that before.
 
Two of the toy stores I deal with do that too. It's probably a "let's be unambiguously correct" thing.

Their policy. Live with it.
 
I just found this, it may do.

"Waiting period After a sale application is filed, the wait is 24 hours for a long gun and 72 hours for a handgun, regardless of when a check is completed."
 
ISP (PDF file) actually reinforces the DOJ thing -
Acquiring Firearms from a Federal Firearms Licensed (FFL) Gun Dealer in Illinois
•Buyer must possess a valid FOID card.
•Buyer must verify local firearm ordinance requirements.
•Buyer must display valid FOID card to FFL prior to handling firearm.
•Buyer must complete Federal Form ATF 4473.
•FFL notifies the Illinois State Police (ISP), Firearms Services Bureau to perform a background check in accordance with state and federal laws.
•FFL receives an "Approval" from ISP to transfer the firearm.
•Buyer must abide by the State of Illinois waiting period before taking possession of the firearm. The waiting period for a long gun is 24 hours and 72 hours for a hand gun.
•Upon taking possession of the firearm, the firearm must be unloaded and enclosed in a case to transport.
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Gently beat seller about the head and shoulders...
 
As much as I hate to say it, give the owner a break. If he is even close to crook county I can believe he is doing everything to make sure that the rvs. Jackson and snuffy Phlager dont show up on his doorstep and if they do he can say he is going above and beyond what the state mandates. Being a gundealer within a 50 miles of crook county can't be easy. Drug dealers have it easier than gun dealers. You have the ATF going after anyone for anything, you have cook county trying to shut down gun stores in the county and you have a state leglislature that is a hostile to firearm owners, dealers, and mfgs. as radical Islam is to the US. He is doing what he thinks he needs to to keep open. Better cautious than shut down. The State Police seem to make up their own rules regarding the FOID card so I believe they can say the 72 hr rule works anyway they want to and get away with it. They decided on their own to stop issuing FOID cards to anyone under 10. It is not in the law anywhere the director just decided to do it this way. SO give the guy a break. The state can ruin you money wise by making you prove that THEY made the mistake. Some town in northern IL decided that there should be no hunting near their border. They sent their pd OUT of their town to arrest some hunter OUTSIDE of city limits. They continued the case for almost a year costing the guy money everytime his lawyer had to show up to court. They eventually dropped it when they decided they bled him enough.They knew they could not win. Not fair, not right, welcome to Il politics.


Len S
 
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As Len S[/B} stated give the man a break. Cook county is doing its best to make it hard for gunowners to live there. They are also working extremely hard on closing down all the FFLs there. Gunshops are a risky business, with the ATF breathing down your neck, the media hounding you, and the politicians trying to pass legislation that will close you down.
 
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