Monday, January 14, 2013

Are you a criminal in Illinois?

If you have ever owned a gun in Illinois and sold it (or gave it away), you may not want to read further. You could be happier and safer not knowing what follows. Of course, how do you decide?

Recently a friend asked me about the upcoming gun shows at the Woodstock VFW. What if you want to buy a gun there? Can you take it with you?

Well, maybe not. In fact, according to a pamphlet viewable on the website of the Illinois State Police, you may not - legally - be able to take it with you.

"Buyer must abide by the State of Illinois waiting period before taking possession of the firearm. The waiting period for a long gun is 24 hours and 72 hours for a hand gun." If you buy a gun at a gun show from an individual (not a FFL), is this a Private Citizen transfer?

Notice that the burden is on the buyer. What if the seller is willing to deliver it? You hand him the cash; he hands you the pistol. Who is breaking the law? Read the part in the brochure about how you'd better make sure it is unloaded and in a "case" when you walk out of the gun show. (The pamphlet says "case", not "other container".)

Now get this provision. "Seller must keep a record of such transfer for a period of 10 years from the date of transfer." This applies to Private Citizen transfers of weapons.

The pamphlet further reads "The record must contain the date of the transfer, the description, serial number or other information identifying the firearm if no serial number is available."

Notice that it seems not to require the name of the purchaser. Remember, though, that this information is on a pamphlet and may be incomplete. If you want to know exact, complete requirements pertaining to firearms' transfers (not necessary limited to sales), call the Illinois State Police Firearms Division (phone number on or your lawyer.

If you call the State Police, be sure to get the full name and badge number, division, department and employee's title, and write it down, so that you'll have it if you ever need it.

FOID cards must be held by anyone handling a gun at a gun show. Take your FOID card with you.

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