How to sell a gun in Illinois

Identification requirements

Illinois residents must possess a valid FOID (Firearm Owner's Identification) Card to acquire or possess firearms, ammunition, tasers, or stun guns within the state, while non-residents cannot obtain a FOID Card.

For private firearm sales, the seller must verify the buyer's valid FOID card via the Illinois State Police website. This is done by selecting "Firearm," then "Firearm Owner Identification (FOID Card)," followed by "FOID Person to Person Firearm Transfer." The seller inputs the buyer's FOID and birth date for validation. The website then provides an “Approval Number,” which must be included on the sale documentation. This paperwork should be retained for at least 10 years, though keeping it indefinitely is advisable.

More information can be found at Illinois State Police - FOID.

Waiting periods

Pursuant to Illinois law, 720 ILCS 5/24-3 a 72-hour waiting period is generally mandated before a firearm can be delivered to a purchaser. This waiting period starts when the buyer and seller agree to the firearm purchase, which constitutes the "application" for purchase.

Age requirements

In Illinois, with limited exceptions, the age requirement to purchase all types of firearms is 21.

Background checks in private sales

In Illinois, unlicensed gun sellers are typically required to use a State Police-maintained Internet portal for verifying the validity of a purchaser or transferee's FOID Card. However, if the sale is conducted through a licensed gun dealer, or at a gun show by a vendor or promoter, it is their responsibility to conduct the necessary background check instead.

In most practical cases, private sellers who are not up to date on current state legislation should utilize an FFL to handle transfers to stay compliant.

Ineligible persons

Per the Illinois State Police you must met the following criteria to be eligble to purchase a firearm.

• Not been convicted of any Felony under the laws of this or any other jurisdiction.
• Not been adjudicated as a mental defective.
• Not been a patient in a mental institution or any part of a medical facility for the treatment of mental illness within the past 5 years.
• Not intellectually disabled or developmentally disabled
• Not within the past year (preceding the date of this application) used or been addicted to any controlled substance or narcotics in violation of state or federal law.
• Not subject of an existing Order of Protection or a No Contact/No Stalking Order.
• Not within the past 5 years been convicted of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in which a firearm was used or possessed.
• Not been convicted of domestic battery (felony or misdemeanor), aggravated domestic battery or a substantially similar offense.
• Not been adjudicated by a court as a mental defective or ordered by a court, board or authorized entity to in-patient or out-patient mental health treatment.
• Not an alien who is unlawfully present in the United States.
• Not within the past year failed a drug test for a drug for which I did not have a prescription.
• Not been admitted to the United States under a non-immigrant visa of the Immigration and Nationality Act.
• Never renounced my citizenship as a citizen of the United States.
• Never been discharged from the Armed Forces under dishonorable conditions.
• Not a fugitive from justice.