How to Sell a Gun in Cook County Illinois?
In Cook County, Illinois, there are several laws and regulations that govern the purchase and sale of firearms. Understanding these laws is important for anyone who is interested in buying or selling a gun in the county, as failure to follow these laws can result in unintended criminal charges and penalties.
We will outline some of the most important laws when it comes to selling and buying firearms in Cook County, as well as provide information on how to legally obtain a firearm.
What is the Process to Legally Purchase a Firearm in Cook County?
To purchase a firearm in Cook County, an individual must be at least 18 years old for long guns (rifles and shotguns) and 21 years old for handguns (pistols and revolvers). They must also be a resident of the county and possess a valid Firearm Owner’s Identification (FOID) card, which is issued by the Illinois State Police. To obtain a FOID card, an individual must submit an application, which requires them to provide personal information, including their name, date of birth, and residential address, as well as a valid government-issued identification. They must also consent to a background check, which will be used to determine whether they are eligible to possess a firearm. For more specific information on acquiring a FOID, visit https://www.ispfsb.com/Public/FOID.aspx.
In addition to the FOID card requirement, there are also several other laws and regulations that must be followed when purchasing a firearm in Cook County. For example, all firearm purchases must be completed through a licensed firearms dealer, and the dealer must conduct a background check on the purchaser using the National Instant Criminal Background Check System (NICS). This background check is used to ensure that the purchaser is not prohibited from owning a firearm due to prior criminal convictions, mental illness, or other disqualifying factors.
There are also several laws that regulate the sale of firearms in Cook County. For example, it is illegal for anyone to sell a firearm to a minor or to someone who is not a resident of the county. It is also illegal to sell a firearm to someone who is prohibited from owning one due to prior criminal convictions or mental illness. Additionally, it is illegal to sell a firearm without conducting a background check through a licensed firearms dealer.
In addition to the laws and regulations mentioned above, there are also several other restrictions and requirements that must be followed when buying or selling a firearm in Cook County. For example, it is illegal to possess certain types of firearms, such as machine guns, short-barreled rifles, and sawed-off shotguns.
If the transaction is approved, the 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 handgun.
Upon taking possession of the firearm, the firearm must be unloaded and enclosed in a case to transport.
How to Conduct a Private Sale of a Firearm in Cook County?
430 ILCS 65/3(a-10) – Any person who is not a federally licensed firearm dealer and who desires to transfer or sell a firearm or firearms to any person who is not a federally licensed firearm dealer shall, before selling or transferring the firearms, contact the Department of State Police with the transferee’s or purchaser’s Firearm Owner’s Identification Card number to determine the validity of the transferee’s or purchaser’s Firearm Owner’s Identification Card.
The Department of State Police may adopt rules concerning the implementation of this subsection. The Department of State Police shall provide the seller or transferor an approval number if the purchaser’s Firearm Owner’s Identification Card is valid. Approvals issued by the Department for the purchase of a firearm pursuant to this subsection are valid for 30 days from the date of issue.
View the entire Gun Safety and Responsibility Act on the Illinois General Assembly’s website at http://www.ilga.gov/legislation/publicacts/98/098-0508.htm.
Illinois Firearm Ownership Restrictions
In addition to federal restrictions on ownership of a firearm, Illinois has its own set of state restrictions. The following disqualifies a person from owning a firearm in Illinois:
- Not been adjudicated as a mental defective.
- Not been a patient in a mental institution or any part of a medical facility for the treatment of mental illness within the past 5 years.
- Not intellectually disabled or developmentally disabled.
- Not within the past year (preceding the date of this application) used or been addicted to any controlled substance or narcotics in violation of state or federal law.
- Not subject of an existing Order of Protection or a No Contact/No Stalking Order.
- Not within the past 5 years been convicted of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in which a firearm was used or possessed.
- Not been convicted of domestic battery (felony or misdemeanor), aggravated domestic battery or a substantially similar offense.
- Not been adjudicated by a court as a mental defective or ordered by a court, board or authorized entity to in-patient or out-patient mental health treatment.
- Not an alien who is unlawfully present in the United States.
- Not within the past year failed a drug test for a drug for which I did not have a prescription.
- Not been admitted to the United States under a non-immigrant visa of the Immigration and Nationality Act.
- Never renounced my citizenship as a citizen of the United States.
- Never been discharged from the Armed Forces under dishonorable conditions.
- Not a fugitive from justice.
FEDERAL DISQUALIFICATION CATEGORIES
- Conviction (felony or misdemeanor) where the crime has a maximum imprisonment term exceeding 1 year (even if a buyer did not receive actual imprisonment exceeding 1 year).
- Warrant (felony or out-of-state misdemeanor).
- Felony pre-trial release.
- Misdemeanor crimes of domestic violence restraining/stalking/protection order mental health adjudication or commitment.
- Unlawful use or addicted to a controlled substance (including marijuana).
- Dishonorable discharge from the armed forces.
- Renounced U.S. citizenship.
- Illegal alien.
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The information contained on this website has been prepared as a service to the internet community and is not intended to constitute legal advice. CashMyGuns.com has used reasonable efforts in collecting, preparing, and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy, or currency of the information contained in or linked to this website. Users of information from this website or links do so at their own risk and should consult their local firearm law resources and/or an attorney when engaging in selling a firearm. The cited information in this article was obtained on 01/31/23 from https://www.isp.state.il.us/docs/firearms052104.pdf and https://www.ispfsb.com/Public/Home.aspx https://www.isp.state.il.us/foid/ https://www.cookcountysheriff.org/services/concealed-carry/ https://www.ilga.gov/