Illinois State Police Private Gun Transfer Form

To document a private firearm sale in Illinois without going through a dealer, the seller uses the Illinois State Police private gun transfer form on the ISP’s person-to-person transfer portal, enters the buyer’s FOID number and date of birth, and receives an approval number once the background check clears. That approval number, along with the firearm’s details, has to be recorded and kept for ten years, and the gun cannot change hands until 72 hours after the check was submitted.

Before You Log In

Both the seller and the buyer need a currently valid FOID card or Illinois concealed carry license. Illinois law prohibits transferring a firearm, ammunition, stun gun, or taser to anyone who does not display one, and a lapsed card on either side blocks the transfer.1Illinois General Assembly. Illinois Compiled Statutes 430 ILCS 65/3 If your own card is expired, suspended, or revoked, you cannot legally sell, no matter who the buyer is.

You will need the buyer’s FOID card number and date of birth to run the check. Have the firearm’s make, model, and serial number ready as well, because you will document them with the transfer record.

How the ISP Verification Works

Illinois gives private sellers two legal paths, and the ISP portal is the one that lets you complete the sale without a licensed dealer.1Illinois General Assembly. Illinois Compiled Statutes 430 ILCS 65/3 The seller goes to the Illinois State Police website’s person-to-person transfer portal and submits the buyer’s FOID number and date of birth.

Since January 1, 2024, that submission triggers an automated search of state criminal history records, FBI records including the National Instant Criminal Background Check System, and Department of Human Services mental health and developmental disability records.1Illinois General Assembly. Illinois Compiled Statutes 430 ILCS 65/3 If the buyer clears, the system issues an approval number. Save the documentation the portal generates. The approval number is the piece of evidence that proves you did the check.

The FFL Alternative

If you would rather not run the check yourself, any federally licensed firearms dealer can facilitate the transfer. The dealer runs the background check through NICS, Illinois State Police criminal history files, and DHS mental health records, and keeps the paperwork. The dealer does not have to take the firearm into inventory for a facilitated transfer.1Illinois General Assembly. Illinois Compiled Statutes 430 ILCS 65/3

Illinois caps the dealer’s fee at $25 per firearm for this service, plus any background check fees.1Illinois General Assembly. Illinois Compiled Statutes 430 ILCS 65/3

The 72-Hour Waiting Period

Approval does not mean immediate delivery. Illinois requires 72 hours between the application for purchase and the actual handover of any firearm, and the clock starts when the check is submitted, not when it comes back approved.2Illinois General Assembly. Illinois Compiled Statutes 720 ILCS 5/24-3 Handing the gun over early is a separate criminal offense under the unlawful sale statute, and there is no exception for friends, acquaintances, or anyone else you personally know.

What to Record and Keep

Anyone who transfers a firearm in Illinois has to keep records of the transaction for at least ten years. The record must include:

  • The date the background check application was submitted
  • The date of the actual transfer
  • A description of the firearm and its serial number
  • The buyer’s FOID card number
  • The approval number issued by the Illinois State Police1Illinois General Assembly. Illinois Compiled Statutes 430 ILCS 65/3

A peace officer can ask to see these records at any time. Failing to keep them is a Class A misdemeanor for a first offense and a Class 4 felony for a second offense within ten years. Failing to record the approval number specifically is treated as a petty offense.1Illinois General Assembly. Illinois Compiled Statutes 430 ILCS 65/3

When You Don’t Need to Use the Form

A genuine gift to a qualifying family member is exempt from both the ISP verification and the FFL path. Qualifying relatives include a spouse, parent, stepparent, child, stepchild, sibling, grandparent, grandchild, uncle, aunt, nephew, niece, father-in-law, mother-in-law, son-in-law, and daughter-in-law.1Illinois General Assembly. Illinois Compiled Statutes 430 ILCS 65/3 Both parties still need valid FOID cards, and the word “gift” matters. If money changes hands, it is a sale, and the exemption is gone.

Firearms passed through a will or estate are also exempt from the background check and FFL requirements, but the heir must have a valid FOID card and be legally eligible to possess firearms. If the heir does not qualify, the firearm should stay with the estate or be surrendered to law enforcement until they do.

A few other narrow situations do not require the verification process: lending a firearm at a shooting range while you are present, dropping one off with a gunsmith, transfers under court order or by operation of law, and a temporary transfer in your home when you reasonably believe it is necessary to prevent imminent death or great bodily harm and the recipient is not prohibited from possessing firearms.1Illinois General Assembly. Illinois Compiled Statutes 430 ILCS 65/3

Transfers You Cannot Complete This Way

The ISP portal is not a workaround for firearms and buyers Illinois otherwise prohibits. The Protect Illinois Communities Act, passed in 2023, bans the sale, purchase, and delivery of assault weapons, assault weapon attachments, .50 caliber rifles, .50 caliber cartridges, and large-capacity ammunition feeding devices.3Illinois General Assembly. Illinois Compiled Statutes 720 ILCS 5/24-1.9 and 24-1.10 – Protect Illinois Communities Act Owners who had these items before the ban can keep them but cannot privately sell or transfer them.

An out-of-state buyer cannot go through the ISP portal either. Federal law does not permit unlicensed individuals to sell firearms directly to residents of other states, so any interstate private sale has to run through a licensed dealer.4Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts

A valid FOID gives some assurance the buyer has cleared the disqualifying categories, but it does not shield the seller from liability if you know or have reasonable cause to believe the buyer is prohibited under federal law, which covers people convicted of a felony, anyone under a domestic violence restraining order, people convicted of a misdemeanor crime of domestic violence, unlawful users of controlled substances, and anyone involuntarily committed to a mental institution, among others.4Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts Illinois separately prohibits selling a concealable firearm to anyone under 18, selling any firearm to someone under 21 with a misdemeanor conviction, and selling to anyone convicted of a felony or who has been a patient in a mental institution within the past five years.2Illinois General Assembly. Illinois Compiled Statutes 720 ILCS 5/24-3

Penalties for Skipping the Process

Selling or transferring a firearm to someone who does not display a valid FOID card or concealed carry license is a Class 4 felony, carrying one to three years in prison. A third or subsequent conviction becomes a Class 1 felony, punishable by four to fifteen years.5Illinois General Assembly. Illinois Compiled Statutes 430 ILCS 65/14 The same conduct also qualifies as unlawful sale of a firearm under a separate statute. Delivering a firearm before the 72-hour waiting period expires is also an unlawful sale offense.2Illinois General Assembly. Illinois Compiled Statutes 720 ILCS 5/24-3

Convictions can also trigger revocation of your FOID card, which ends your legal right to purchase, possess, or own firearms in Illinois. Reinstatement is a separate process and is not guaranteed.

If a transfer turns out to be a straw purchase, where someone else is the true buyer and used the FOID holder to pass the check, federal penalties under the Bipartisan Safer Communities Act reach up to 25 years in federal prison and fines equal to twice the gross proceeds of the offense, along with forfeiture of property used to facilitate the transaction.6Federal Register. Bipartisan Safer Communities Act Conforming Regulations These apply on top of state charges.

After the Transfer

If a firearm you own is lost or stolen at any point, Illinois law requires you to report it to local law enforcement within 48 hours of discovering the loss or theft, regardless of how you acquired it.7Illinois General Assembly. Illinois Compiled Statutes 430 ILCS 68/5-20 Keep your transfer record with your other firearm paperwork so you can produce it if asked.