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Published: February 11, 2026 | Updated: February 14, 2026

How to Legally Sell a Firearm in Illinois

Selling a firearm in Illinois requires FOID verification and a state background check before the transfer can be completed. Even private sales have compliance steps that must be followed to avoid unnecessary risk.

Illinois requires sellers to confirm the buyer’s eligibility, run the transfer through the Illinois State Police process, and observe the waiting period. Knowing the steps upfront helps avoid delays, mistakes, and transfers that are not legally valid.

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Step-by-step

Selling your firearm checklist

This is a practical checklist for a compliant transfer. If anything feels unclear or high-risk, using a licensed dealer is the simplest way to ensure the transfer is correctly documented and legally compliant.

  1. 1

    Confirm the buyer has a valid FOID card.

    In Illinois, buyers generally must have a valid Firearm Owner’s Identification (FOID) card to receive a firearm. Do not proceed unless the buyer’s FOID is valid and matches their identity.

  2. 2

    Run the required transfer background check through the state process.

    Illinois requires a background check for firearm transfers. Complete the transfer inquiry through the Illinois State Police process and keep the approval record for your files.

  3. 3

    Observe the waiting period before completing the transfer.

    Do not deliver the firearm until the waiting period has passed and you have confirmation that the transfer is approved. If anything is unclear, stop and use an FFL.

  4. 4

    Document the transfer details for your records.

    Keep a clear record of the buyer, the firearm (make, model, serial), the date, and the background check approval information. This protects you if questions come up later.

  5. 5

    Consider selling directly to a licensed buyer.

    Selling to a federally licensed buyer like WeBuyGuns.com simplifies the process by handling compliance, shipping, and documentation without the uncertainty of private meetups.

State law considerations

Updated: February 14, 2026

State laws for selling a gun in Illinois

Illinois allows private firearm sales, but only when specific state requirements are met. Sellers must verify buyer eligibility, complete a state background check, and observe the required waiting period before transferring a firearm.

If you are selling a firearm in Illinois, you are responsible for confirming FOID status and maintaining proper transfer records. Use the official state resources below to confirm how the law applies to your situation.

Common rules in Illinois
Quick checklist of key legislation
Topic Status Notes
Background check for private transfers YES Illinois requires a background check for firearm transfers, including most private sales, completed through the Illinois State Police system.
FOID verification REQUIRED The seller must verify that the buyer holds a valid Firearm Owner’s Identification (FOID) card before completing the transfer.
Waiting period YES Illinois enforces a mandatory waiting period that must pass before a firearm can be transferred.
Can I sell to an out-of-state buyer NO (directly) Private interstate firearm transfers are prohibited. Out-of-state transfers must go through licensed dealers.
Minimum age YES Age requirements depend on firearm type and transfer method. Dealers enforce federal age rules and state eligibility requirements.
Recordkeeping REQUIRED Illinois requires sellers to retain transfer records and background check approvals for a specified period.
State law details

Understanding Illinois firearm sale rules

A detailed breakdown of common requirements.
Illinois firearm sale identification and documentation

Identification & documentation

Illinois places documentation responsibilities on the seller, even in private firearm sales. Verifying identity and eligibility is a required step before completing a transfer.

  • Buyer must hold a valid Illinois FOID card
  • Seller must verify FOID status before the transfer
  • Seller should retain transfer confirmation and buyer information
Relevant statutes
  • 430 ILCS 65/2 - Firearm Owner’s Identification (FOID) Act requirements
Illinois firearm transfer background checks

Background checks & transfer approval

Illinois requires firearm transfers to be approved through the Illinois State Police background check process, even for private sales.

  • Seller must initiate a transfer inquiry through the Illinois State Police
  • Approval must be received before transferring the firearm
  • Transfer details should be retained for seller records
Relevant statutes
Illinois firearm waiting period

Waiting period

Illinois enforces a mandatory waiting period for firearm transfers, including private party sales.

  • Waiting period applies to most firearm transfers
  • Transfer cannot be completed until the waiting period has passed
  • Delays may occur if background check review is extended
Relevant statutes
Prohibited persons in Illinois firearm transfers

Prohibited persons

Illinois applies both federal prohibited-person rules and state-specific restrictions. Transferring a firearm to an ineligible person can result in serious criminal penalties.

  • FOID system screens for prohibited persons
  • Transfer must be denied if eligibility cannot be confirmed
  • Sellers are responsible for stopping the transfer if red flags appear
Relevant statutes
Illinois seller risk

Avoid FOID issues and transfer delays

Illinois firearm transfers require FOID verification, background checks and strict documentation. Private sales often stall due to eligibility questions or paperwork errors. Selling to a licensed buyer removes FOID uncertainty and ensures full compliance.

We’ve purchased over 555 firearms from Illinois sellers through a fully licensed process that navigates licensing requirements and mandatory state reporting.

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Federal Laws

Illinois residents must follow federal laws for private transactions

ATF guidance and prohibited person requirements

Local considerations

Local ordinances, municipal rules and county policies

Illinois allows limited local regulation alongside state law

Illinois firearm transfers are governed primarily by state law, but municipalities and counties retain authority over certain local firearm-related rules. These local regulations do not usually change whether a firearm can be sold, but they can affect how and where a transfer takes place.

  • Local dealer zoning and availability: Cities and counties may regulate where licensed firearms dealers can operate through zoning and land-use rules. This can limit which FFLs are available locally if a private transfer must be routed through a dealer.
  • Municipal restrictions on possession and transport: Some municipalities impose additional rules related to firearm possession or transport within city limits. These rules do not override state transfer law, but they can affect meeting locations or how a firearm is transported to a dealer.
  • Administrative practices by local agencies: Local law enforcement agencies may influence appointment availability, processing times, or documentation expectations when dealers are involved in transfers.
Practical takeaway

Local ordinances in Illinois rarely change the legal requirements for selling a firearm, but they can slow or complicate the process. Using a licensed buyer with established dealer relationships can help avoid delays caused by local zoning, scheduling, or administrative hurdles.

Frequently asked questions

Is selling my firearm to WeBuyGuns.com legal in Illinois?

Yes. We are a federally licensed firearms dealer located in the state of Indiana. You, the seller, are covered under our license just as you would be if you walked into our store. There are no laws preventing you from selling your firearm to us. If the process seems daunting, just give us a call and we'll walk you through it.

What if I inherited firearms and don’t know much about them?

Inherited firearms are common. You can start by sending photos or a simple list of items and we’ll help identify what you have, explain what affects value and guide you through the next steps before anything is shipped.

Can I sell a firearm I do not have the original box or paperwork?

Yes. In most cases we only need clear photos and accurate details so we can make a documented offer. If anything else is needed, we will tell you during the review.

How long are offers good for?

Offers are valid for 14 days.

Does We Buy Guns purchase gun collections or inherited estates?

Yes we do! Once firearm information has been submitted, you will have the ability to submit additional firearms for review and offers. These firearms will be viewable from your user panel, which you access from your initial offer email. If you have a large number of firearms or an estate, it is best to contact us directly (just to save you a lot of time).

Can I sell a firearm privately in Illinois?

Yes, but Illinois private sales are not casual handshake deals. The buyer must have a valid FOID card, the seller must verify it, and the transfer must be run through the Illinois State Police background check process before completing the sale.

Do private gun sales in Illinois require a background check?

Yes. Illinois requires a background check for firearm transfers, including most private party sales. Sellers typically complete this through the Illinois State Police transfer inquiry process and keep the approval record.

Is there a waiting period in Illinois?

Yes. Illinois has a waiting period for firearm transfers. The transfer cannot be completed until the waiting period has passed and the required background check and verification steps are complete.

Do I need a bill of sale in Illinois?

Illinois requires sellers to keep specific transfer records. Many sellers also use a simple bill of sale for an extra paper trail, especially in higher risk situations. Using a licensed buyer provides clear documentation without relying on informal paperwork.

Can I sell a firearm to someone who lives out of state?

No. Private interstate firearm transfers are prohibited. If the buyer is out of state, the firearm must be transferred through an FFL in compliance with federal law and the buyer’s home state rules.

Disclaimer:

The content on WeBuyGuns.com is provided as a service to the online community. While we strive to offer reliable and up-to-date information, we do not guarantee its accuracy, completeness, or timeliness. Users should exercise their own judgment and consult official resources or an attorney, especially when selling firearms, as we do not provide legal advice.

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