question about private gun sale in illinois

[9c1 lover]

im trying to sell a .380 to someone but want to obey ALL laws pertaining to this, so my question is am i responsible for the background check on the individual or no? i called gander mountain and was gonna just bring it there and have them do it all but they told me to take the persons foid card number, d.l. number and address, d.o.b, serial number and hold it for 10 years and no background check is required, but online the illinois state law says im responsible for making sure the person can legally own it now does that mean just making sure they have a foid card? im sure the guy is good, hes from the army, but i know everytime you buy from a store they check you, so why would this be any different. long story short, i want some opinions from il people who may have done this recently. if something happened id hate to be responsible, my defense would be "well the guy at gander mountain told me" so where could i get some rock solid info? i also heard the info would have to be notorized, is this true? thanks from the newbie

 

[Canuck-IL]

As a private individual you are not responsible for the NICS check. In theory, after you verify they have a current FOID card you are supposed to wait the 3 days of 'cooling off' period before doing the transfer. In practice, I've never heard of anyone doing that ... most just make out a reasonable bill of sale that includes both parties' FOID numbers and have both persons sign it - either make 2 originals or photocopy so that each has one.
/Bryan

 

[Kirmdog]

When I bought my S&W last year from a privite party the guy that I bought it from made me wait the three day waiting period even though we only lived 4 miles from each other in Illinois. In todays politicail climite and all the LE agencies inturpriting the laws different I think that the guy that made me wait 3 days is smart for doing it. In his own words, "I don't know if your a fed or not so I'm going straight by the book, you can pick up your gun in 72 hours from when I take your info". He didn't take any money when I gave him the information on my FOID so I didn't feel too bad about waiting the 3 days and he wrote out 2 bill of sale that same day with the date and time on it and both of us signed it and each of us kept a copy.

9c1 lover, if I ever sell a firearm in Illinois I would make the person wait the appropriate waiting period unless I knew them personally. It's not worth the trouble and problems if you don't make them wait and you get caught in a sting opperation by some law enforcment agency. No NICS check needed for privite sales.


Kirmdog

 

[J. Galt]

Good info so far. The 24/72 hour wait applies, no NICS check, both must have valid FOID cards. The bill of sale should have two dates on it, one for when the sale is agreed upon, and one when it is completed (and they better be at least 24/72 hours appart). Technically, only the seller must keep his copy of the bill of sale (for ten years) but I think it's a good idea if the buyer keeps his copy also.

 

[mwtdvm]

And another good reason to leave the state... Making private citizens jump through these ridiculous "hoops"..

 

[9c1 lover]

yeah i dont know the person like that, just know they are in the military, but i want MY butt covered. im definetly making him wait the 3 days i just didnt know about the background check. i also asked a local cop i know and he said the same, write down the info and keep it for 10 yrs. is there anywhere to get such a "form" or do i just write it on a piece of paper? thanks again

 

[H Richard]

Just write in on a piece of paper, there is no "official" form for a private sale in IL.

 

[redlevel]

Thank God for Georgia.

 

[J. Galt]

Here ya go, straight from the horses mouth.

 

[9c1 lover]

thanks mr. galt i did see that before posting on here but in small print at the top it states that " the information in this pamphlet is only general guidance and the pamphlet does not replace statutory language". so im assuming if you tried to take that pamphlet to court on your defense they could use that against you. its not that this guy is sketchin me out or anything, i just like to know im following the law (no matter how retarded) to the fullest. illinois gun laws are rediculous and i want to make sure everything is it place, seeing as how ive never person to person before, always bought from a ffl store, and in general it seems everyone has a different opinion on what the piece of paper has to have on it. thanks for all the info everyone.

 

[Babalooie]

A friend and I came up with a bill of sale form for Face to Face gun transactions. We're both Illinois residents. If you'd like a copy, it is in Microsoft word format. Send me an email and I'll send the file to you.