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 Illinois Federal Firearms Licensed Dealer Updates

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December 13, 2012

Illinois Waiting Periods

Pursuant to Illinois law, 720 ILCS 5/24-3, sellers must withhold delivery of a long gun, rifle or shotgun, for 24 hours and a handgun for 72 hours from the time the application for purchase has been reached. Violation of that provision is Unlawful Sale or Delivery of Firearms and is a Class 4 Felony, punishable by up to 1-3 years in the Illinois Department of Corrections.

Illinois State Police have been fielding an increase in requests for clarification on how to abide by the waiting period and when it begins.

According to 720 ILCS 5/24-3(g) the waiting period of 24 or 72 hours does not begin until after its application for purchase has been made. The statute defines “application” as:

“For purposes of this paragraph (g), "application" means when the buyer and seller reach an agreement to purchase a firearm.”
In People vs. Hurtado, 208 Ill.App.3d 110 (2nd District, 1991), the Second District Appellate Court took the position that “application” was a “request”. The court said:
“We therefore conclude that the legislature intended that the term "application" have the meaning of "request" and the statutory requirement is an informal request to purchase a firearm. Since we believe the legislature intended that "application" mean "request," we shall use the terms "application" and "request" interchangeably. ”

Illinois statute picks up on the Court’s reasoning in Hurtado, and formalizes that there is in fact intent to buy a firearm by virtue of an agreement. The statute does not spell out what needs to be in the agreement, or the manner in which it is to be memorialized.

ISP concludes that the waiting period to purchase a firearm as defined under state law, 720 ILCS 5/24-3(g) begins when the buyer and seller reach the “agreement” to purchase the firearm and that agreement may be formalized in a number of ways. As the FFL will be required to answer any questions raised by ATF inspectors as to how the waiting period was observed, ISP suggest that FFLs memorialize the agreement in some form that is verifiable and consistent with each purchaser. Here are a couple of questions that have been raised:

  • When a customer has a gun shipped from another FFL or out of state, when does the waiting period begin? The waiting period starts when the agreement is reached with the seller. It need not be the FFL making the transfer of the firearm. If the firearm was paid for and/or shipped from another FFL, the waiting period began prior to when the FFL conducting the transfer received the firearm.

  • Can a customer call up and order a firearm over the phone, then come in and pick up the firearm later? The waiting period begins when the buyer and seller reach an agreement. FFLs need to document how the waiting period was observed. The documentation needs to be verifiable and consistent with each purchaser.

  • What happens if a customer orders a firearm, and when he comes into pick it up, ISP issues something other than an approval on the FTIP? The actual transfer of the firearm cannot take place until there is an approval from the FTIP system, regardless of when the agreement was reached. If the FFL receives a transaction number, they cannot complete the transfer until they receive an approval.

  • Do FFLs have to wait when transferring firearms between FFLs? There is no waiting period between retail FFLs. And Curio and Relic (C&R) FFLs are exempt from the waiting period for those firearms that appear on the ATF&E C&R list and fall under the C&R license.

NOTE: This is the interpretation of the Illinois State Police. Individual FFLs may have their own policies and procedures to observe the waiting period.

  Previous Updates  

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October 21, 2012

The Illinois State Police Firearms Services Bureau (FSB) is pleased to provide you with new and crucial information regarding changes that directly affect you and your customers. Attached, you will find the newly designed Firearm Owner's Identification (FOID) card application. Destroy the old blue and red applications and immediately begin using the GREEN and red FOlD applications. Although the old application will be accepted until March 1, 2013, the use of the old application could result in a delay of processing.

  • The Firearms Transfer Inquiry Program (FTIP) is undergoing a system rewrite which will soon result in a faster and more automated dealer approval notification process. The FTIP rewrite will make it necessary for firearm dealers to have the ability to receive approvals via fax or email. Effective March 1, 2013, the FTIP section will no longer make telephone call-backs with transaction numbers. To assist the FTIP in processing your transactions, please submit your contact information using the online form or download the contact information sheet and mail it to:
    Firearms Services Bureau
    Attn: FTIP
    801 S. 7th Street
    Springfield, Illinois 62703

  • Firearm dealers are reminded not to distribute the FTIP dealer telephone number to members of the general public. Keeping the FTIP dealer telephone number free of non-dealer telephone calls will ensure your transactions are handled most efficiently.

  • Effective June 1, 2012, the FSB stopped using P.O. Box 19461. The current address is 801 South 7th Street, Suite 400M | Springfield, Illinois, 62703. FOID applications should continue to be forwarded to P.O. Box 19233, as listed on the back of the application. Sending FOID applications directly to FSB delays the processing of those applications. Any mail which is sent to P.O. Box 19461 will be delayed and will eventually cease to be forwarded by the Post Office to FSB.

  • Please note that in the case of a minor applicant, the signature of the applicant's parent or legal guardian is now required on both the front of the application and on the affidavit, located on the back of the application. The affidavit must be notarized.
  • If you need applications mailed to you, please call the FOID Application Hotline at 217/782-5063 to place your order.

Thank you for your attention to these important updates within the Illinois State Police, FSB. We look forward to continuing to serve you.

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