Private sale in IL
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orionengnr
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You may sell a privet to whomever you like.
http://en.wikipedia.org/wiki/Privet
Selling a gun, however..IL has some laws regarding that.
And you had best do your homework, and abide by those laws.
http://en.wikipedia.org/wiki/Privet
Selling a gun, however..IL has some laws regarding that.
And you had best do your homework, and abide by those laws.
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Illinois Governor Quinn signed into law "Universal Background Checks". However the article below says it goes in effect January 1, 2014
http://www.thetruthaboutguns.com/20...-gov-quinn-closes-firearms-freedom-loopholes/
http://www.thetruthaboutguns.com/20...-gov-quinn-closes-firearms-freedom-loopholes/
Thiokol
member
You can only do a private party sale to another resident of Illinois. If your buyer is out of state, you will have to ship the rifle to an FFL holder in his state.
If your buyer is an Illinois resident, you must get his name, address, FOID, number, & expiration date and keep that information, along with a legal description of the firearm, for 10 years from the date of the sale. Also, you will be required to withhold delivery of the rifle for 24 hours after your buyer has agreed to purchase the rifle.
If your buyer is an Illinois resident, you must get his name, address, FOID, number, & expiration date and keep that information, along with a legal description of the firearm, for 10 years from the date of the sale. Also, you will be required to withhold delivery of the rifle for 24 hours after your buyer has agreed to purchase the rifle.
slumlord44
Member
If you are an Illinois resident selling to an Illinois resident you need the foid info. If you are an out of state resident selling to an Illinois resident as has been stated it must go through an Illinois FFL. You are technically transferring it to the FFL so you need his info, not necessarily the Illinois resident. I always keep info on the end receiver as well as the FFL
il.bill
Member
What Thiokol said.
It really is not that big of a problem selling a firearm in-state, as long as you are aware of any local/municipal laws that would apply. Here are a couple of .PDF files you might be interested in. One is the Illinois State Police informational folder from their website View attachment 9-049.pdf; the other is a home-made bill of sale I use for buying or selling with individuals View attachment BOS_Firearm.pdf.
It is a free country (yes, I know: some restrictions may apply - void where prohibited), so if the other party is uncomfortable with providing the information, we can both simply walk away from the deal. I just like to use it buying or selling to verify that everything was in order and the appropriate Illinois waiting period was included.
I do not see how you can go wrong with the transfer going through an FFL dealer, but that does add expense.
jungleking
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Great Idea on the bill of sale! I did notice however you had on there the 24 hour for longguns and 72 hour hold for handguns listed. I didn't think that applied to private party sales. Am I wrong?
Would those holding a C&R be subject to these holds as well on C&R specific firearms?
This state is becoming harder to live in.
Would those holding a C&R be subject to these holds as well on C&R specific firearms?
This state is becoming harder to live in.
Thiokol
member
The waiting periods are required for private sales. Here is what the ISP says:
http://isp.state.il.us/docs/9-049.pdf
http://isp.state.il.us/docs/9-049.pdf
David E
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You must keep the buyer FOID information for 10 years after the sale....producible on demand of law enforcement.
Can't do the "Odd....well, I can't seem to find that info, officer...sorry..."
So, if you have owned a gun longer than ten years, they'd need to prove you didn't sell it the week after you bought it.
Can't do the "Odd....well, I can't seem to find that info, officer...sorry..."
So, if you have owned a gun longer than ten years, they'd need to prove you didn't sell it the week after you bought it.
jungleking
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Thanks THiokol. Missed that part in il.bill's message.
slumlord44
Member
When and where the heck did the waiting period come form? Last change I was aware of that was you had to do a background check and waiting period on private transactions at gunshows but only at gunshows unless this is part of the new rule effective Jan 1 requiring a call to the Illinois State Police to confirm that the FOID is still valid.
slumlord44
Member
C&R is actually a type of FFL so if you have a C&R and buy a C&R gun there is no waiting period. If the gun is not a C&R the waiting period would apply.
Thiokol
member
[quote-slumlord44]When and where the heck did the waiting period come form?[/quote]
The waiting period for private party sales has been in effect for years. It originally only applied to dealers but has since been expanded to include private party sales.
The waiting period for private party sales has been in effect for years. It originally only applied to dealers but has since been expanded to include private party sales.
IANAL but as I understand it the current rules are:
the 24 hour wait applies. the clock starts when you agree to the terms of the sale.
you have to keep a record of the transaction for 10 years.
you are not bound by home rule ordinances outside of where the transaction takes place.
the 24 hour wait applies. the clock starts when you agree to the terms of the sale.
you have to keep a record of the transaction for 10 years.
you are not bound by home rule ordinances outside of where the transaction takes place.
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