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jephthai
May 14, 2009, 02:09 PM
Hey everyone...

Suppose someone wants to buy a long gun from a private party in Illinois. The Illinois legal code in ILCS 430 (http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1657&ChapAct=430%26nbsp%3BILCS%26nbsp%3B65%2F&ChapterID=39&ChapterName=PUBLIC+SAFETY&ActName=Firearm+Owners+Identification+Card+Act.), section 3, paragraph (b) says, among other things:

On or after January 1, 2006, the record shall contain the date of application for transfer of the firearm.

This is referring to the record of the transfer that the transferor is required to keep for 10 years. Additionally, it needs to include the transferee's FOID number, the serial number, etc. Those make sense...

What I can't figure out is what the "date of application" is. I searched the entire ILCS 430 for the word application, and this is the only use that is not associated with applying for a FOID card.

My best theory is that it's the date that the transferee agrees to take the firearm, and that it has to show that the transferor waited the appropriate period (24 hours for a long gun) before actually transferring.

Anyone else know better?

Philo_Beddoe
May 14, 2009, 02:22 PM
I just go by what is on the back of the FOID card.

chibiker
May 14, 2009, 03:28 PM
My recently renewed (December) FOID card does not state anything about the "application" date on it, but...... I was informed by several people, including LEO's that the waiting period has now been applied to private transfers... 24 hrs. for long guns, 72 hrs. for handguns.

Kinda stupid, eh?

hogdogs
May 14, 2009, 04:10 PM
I drove many "FOIDS" and only the new one came with a card for warranty work... Sorry folks couldn't help that...
I hadn't considered the transfer of FTF sales when I would shake my head at the crap ya'll are subjected to up yonder way.
Brent

litauer
May 14, 2009, 06:23 PM
Illinois requires that a seller keep a record of the transaction for 10 years. That's it.

chibiker
May 14, 2009, 07:18 PM
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt.+24&ActID=1876&ChapAct=720*ILCS*5/&ChapterID=53&ChapterName=CRIMINAL+OFFENSES&SectionID=60752&SeqStart=50300000&SeqEnd=53000000&ActName=Criminal+Code+of+1961.


(720 ILCS 5/24‑3) (from Ch. 38, par. 24‑3)
Sec. 24‑3. Unlawful Sale of Firearms.
(A) A person commits the offense of unlawful sale of firearms when he or she knowingly does any of the following:
(a) Sells or gives any firearm of a size which may
be concealed upon the person to any person under 18 years of age.

(b) Sells or gives any firearm to a person under 21
years of age who has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent.

(c) Sells or gives any firearm to any narcotic
addict.

(d) Sells or gives any firearm to any person who has
been convicted of a felony under the laws of this or any other jurisdiction.

(e) Sells or gives any firearm to any person who has
been a patient in a mental hospital within the past 5 years.

(f) Sells or gives any firearms to any person who is
mentally retarded.

(g) Delivers any firearm of a size which may be
concealed upon the person, incidental to a sale, without withholding delivery of such firearm for at least 72 hours after application for its purchase has been made, or delivers any rifle, shotgun or other long gun, or a stun gun or taser, incidental to a sale, without withholding delivery of such rifle, shotgun or other long gun, or a stun gun or taser for at least 24 hours after application for its purchase has been made. However, this paragraph (g) does not apply to: (1) the sale of a firearm to a law enforcement officer if the seller of the firearm knows that the person to whom he or she is selling the firearm is a law enforcement officer or the sale of a firearm to a person who desires to purchase a firearm for use in promoting the public interest incident to his or her employment as a bank guard, armed truck guard, or other similar employment; (2) a mail order sale of a firearm to a nonresident of Illinois under which the firearm is mailed to a point outside the boundaries of Illinois; (3) the sale of a firearm to a nonresident of Illinois while at a firearm showing or display recognized by the Illinois Department of State Police; or (4) the sale of a firearm to a dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923). For purposes of this paragraph (g), "application" means when the buyer and seller reach an agreement to purchase a firearm.



So yeah, seems we have to apply the waiting periods even in private transactions.

litauer
May 14, 2009, 07:33 PM
I'd love to see the Nazis who run this state enforce the waiting period on a private sale.

jephthai
May 14, 2009, 09:15 PM
for at least 24 hours after application for its purchase has been made.

Ah, there's where "application" is defined. So buyer makes an offer, and that's the date of application. Transfer can't be completed until 24 hours has passed. Thanks!

-Jephthai-