An Illinois Firearm Bill of Sale is a document a gun seller uses to transfer firearm ownership. This form provides proof of gun ownership and helps minimize the risk associated with the sale.
Only individuals who have been issued a license may sell firearms in the state per 430 ILSC 65/5-15.
Any Illinois resident who buys or possesses firearms must have a valid Firearm Owner’s Identification (FOID) card, and sellers must confirm that the buyer has one before completing the sale.
For these reasons, having an Illinois firearm bill of sale is essential for your sale.
How to Sell a Firearm Privately
In 2019, Illinois enacted the Combating Illegal Gun Trafficking Act (430 ILCS 68/). These laws strictly define how firearms and ammunition may be sold within Illinois.
Requirements
Private individuals who want to sell to other private parties, not licensed firearm dealers, must first ask to see the buyer’s FOID card, then contact the State Police with the FOID card number to confirm the card is valid.
FOID card checks can be performed online. [1]
Buyers can access an online database to check the weapon’s serial number to ascertain if the gun has been stolen.
Private transfers between family members, under lawful court order, or temporary transfers for repair do not require an FOID background check.
Illinois requires all sellers of firearms, both licensed dealers and private individuals, to observe the state waiting periods (720 ILCS 5/24-3(A)(g)):
- 72 hours for firearms
- 24 hours for tasers/stun guns
Illinois does not specifically require a firearm bill of sale or an Illinois firearm transfer form. However, Illinois law requires sellers to maintain a record of the sale for at least ten years after the transaction.
Restrictions
Illinois places restrictions on who may possess a firearm as outlined in 430 ILCS 65/4.
Additionally, the state has an extensive list of individuals who may not purchase firearms and who are disqualified from applying for an FOID card (720 ILCS 5/24-3), including:
- Minors under 21 without written consent
- Anyone convicted of a felony
- Anyone addicted to narcotics
- Anyone who has been hospitalized in a psychiatric hospital within the last five years or adjudicated mentally disabled
- Unlawful immigrants and those on nonimmigrant visas
- Residents of states outside Illinois
Illinois will deny or revoke the FOID card of individuals under domestic violence restraining orders.
Firearm Inheritance Laws
Restrictions on firearm sales in Illinois do not apply to “transfers as a bona fide gift to the transferor’s husband, wife, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, nephew, niece, uncle, aunt, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, or daughter-in-law.” (430 ILCS 65/3)
Minors under the age of 18 may not possess firearms, and residents must be over the age of 21 to apply for an FOID card.
Taken together, firearms may be passed in inheritance but not owned or used by individuals until they reach age 21.
Registration
Illinois does not specifically require firearm registration, but the extensive process of applying for firearm ownership fulfills many of the same requirements.
Concealed Carry Permit
Illinois does not allow open carry of any firearm. To concealed-carry, individuals must obtain a concealed-carry license and their FOID card.
Without a license, firearms must be inaccessible, unloaded in a closed container, or in an unworking condition.
Illinois is a shall-issue state. This means that the state will issue a permit to anyone otherwise qualified. [2]
An Illinois resident is qualified if they:
- Are at least 21 years old
- Have a valid FOID card
- Are not prohibited from possessing a firearm under Illinois or federal law
- Have not been convicted of any misdemeanors for physical violence within the past five years
- Do not have two or more alcohol-related offenses within the past five years
- Have not been in residential or court-ordered treatment for alcoholism or drug treatment within the past five years
- Complete a handgun safety course as required
The applicant must affirmatively prove they have not:
- Been convicted of a felony
- Failed a drug test within the past year
How to Apply
Applicants may apply with their local state police.
Step 1 – Firearm Owner’s Identification Card
Obtain a Firearm Owner’s Identification Card if you do not already have one.
Step 2 – Application
Complete an application and ensure you attach a color photograph taken within the past thirty (30) days.
Step 3 – Firearm Competency
Show proof of competence with a firearm.
Step 3 – Submission
Submit your application to the Illinois State Police along with fingerprints for a background check.
Step 4 – Fees
Pay a $150 application fee (current as of June 2023)
Step 5 – Issuance
The Illinois State Police issues licenses within ninety (90) days of receiving an application.
Gun Reciprocity
Illinois does not recognize other states’ concealed carry permits. Currently, 32 states recognize Illinois’ concealed-carry permits:
- Alabama
- Alaska
- Arizona
- Arkansas
- Georgia
- Idaho
- Indiana
- Iowa
- Kansas
- Kentucky
- Maine
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- North Carolina
- Ohio, Oklahoma
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- West Virginia
- Wisconsin
- Wyoming
Illinois Firearm Bill of Sale Sample
Below is an example of what an Illinois firearm bill of sale looks like:
