Legal Templates

Illinois Firearm Bill of Sale Form

Use our attorney-drafted Illinois firearm bill of sale form to transfer gun ownership in the state of Illinois.

Updated March 16, 2023 | Legally reviewed by Susan Chai, Esq.

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.

Table of Contents

What Is an Illinois Firearm Bill of Sale?

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.

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.

What Are the Requirements for Selling a Firearm in Illinois?

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.

Gun shop owners must receive a certificate of license from the State Police, certifying the following:

  • They have a valid Federal Firearms License (FLL)
  • They have a valid Illinois FOID card
  • All employees of the store are at least 21 and possess a valid FOID card

Firearm shops may not be within 500 feet of a school or daycare facility. They must maintain a video security system, video surveillance, and an alarm monitoring system that will notify the local law enforcement agency of unauthorized intrusions (430 ILCS 68/5-50).

Private Parties Selling Firearms in Illinois

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.

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. 

All sellers must follow the mandatory waiting period (72 hours for firearms) and keep records of the sale for ten years after the transaction.

Does the Law in Illinois Require a Firearm Bill of Sale?

Illinois does not explicitly require a bill of sale for a firearm, but you must maintain a record of the sales transaction for at least ten years following the sale.

A complete firearm bill of sale will enable you to do this easily. 

Gun Inheritance Laws in Illinois

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.

Documents Needed to Complete a Firearm Bill of Sale in Illinois

Sellers in Illinois must visually determine the buyer’s FOID card’s validity and verify it with the State Police, either by phone or on the website.

A background check carried out by a Federal Firearms Licensee (FFL) will require either a valid FOID or a state driver’s license or ID card.

Additional Illinois Gun Laws

Who Cannot Purchase a Firearm in Illinois?

Illinois 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.

Does Illinois Have a Waiting Period for Firearm Sales?

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

Can You Buy a Firearm in Illinois Without Registering It?

Illinois does not specifically require firearm registration, but the extensive process of applying for firearm ownership fulfills many of the same requirements.

Does a Firearm Bill of Sale Have to Be Notarized in Illinois?

There is no specific requirement for notarization. Buyers and sellers may wish to have the document notarized in an abundance of caution.

Is a Record of Firearms Sent to Police in Illinois?

Illinois requires anyone who sells a firearm to maintain a record of the transfer for ten years.

Anyone who purchases a firearm from an unlicensed seller must provide a record of the sale to an FFL dealer within ten days, and the FFL dealer must keep a copy of the transfer record for 20 years from the date of receipt, either electronically or a hard copy (430 ILCS 65/3(b)).

These records are not sent to the police but must be provided to the police upon request. The record must include the following:

  • The date of the application
  • The date of the background check
  • The date of transfer/sale
  • Identifying information about the firearm, including the serial number
  • The transferee’s or buyer’s FOID card number (or out-of-state driver’s license number)
  • An approval number for an FOID card check

Concealed and Open Carry Laws in Illinois

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 an unworking condition.

How to Apply to Carry a Firearm in Illinois

Illinois is a “shall-issue” state. This means that the state will issue a permit to anyone otherwise qualified.

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

Applicants may apply at the State Police website.

Illinois Firearm 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

How to Write a Firearm Bill of Sale in Illinois

An Illinois firearm bill of sale is a receipt showing the transfer of the firearm. It must contain specific information about the gun and the buyer and seller. 

Step 1 – Fill in All Parties to the Sale

The bill of sale should include the identities of both parties:

  • Names
  • Addresses, including business addresses if applicable
  • Contact information (phone number and email)
  • Driver’s License numbers
  • FOID card number
  • Approval number provided by State Police for the transfer

Step 2 – Describe the Firearm(s) Being Sold

Include a detailed description of the weapons being sold.

The description should include the following:

  • Serial number
  • Make and model
  • Caliber
  • Accessories and customizations
  • Present condition

Step 3 – Details of the Sale

Note the specifics of the transfer, including when it took place and the amount of purchase:

  • Date of purchase
  • Sale price
  • Payment agreement (paid in full, down payment, installment payments)
  • Date of transfer, if different than the date of purchase

Step 4 – Signatures and Notarization

Both parties should sign the bill of sale. If this document is used for court or other legal purposes, the parties may want it notarized.

Summary

Our online template will let you create an Illinois firearms bill of sale if necessary, and the parties may use this document as a record of the sale.

Illinois Firearm Bill of Sale Sample

Below is an example of what an Illinois firearm bill of sale looks like:

illinois firearm bill of sale