Frequently Asked Questions

DISCLAIMER: Answers provided to the following questions are meant only to give general guidance. The answers do not and are not meant to replace statutory language.

If you have additional questions, please call (217) 782-7980.

Frequently Asked Questions
Dealer Overview
1. What is the Illinois Waiting Period?
Pursuant to 720 ILCS 5/24-3, sellers must withhold delivery of afirearm 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.
2. According to 720 ILCS 5/24-3(g), the waiting period does not begin until after its application for purchase has been made. What is meant by, "Application?"
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."
3. Is there a legal prescedent as well?
Yes. 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. "
4. So, what does that mean for me?
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.
5.When a customer has a firearm shipped from another FFL or from 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.
6. Can a customer call up and order a firearm over the phone, then come in and pick up the firearm later?
Yes. However, the FFL must have an established method for documenting how the application for purchase was made and that all federal rules and regulations were followed when conducting the background check..
7. What happens if a customer orders a firearm, and when he or she comes in to 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.
8. Do FFLs have to wait when transferring firearms between FFLs?
There is no waiting period for transfers between retail FFLs. Also, 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.
Can a cardholder purchase a firearm or ammunition using their CCL?
Yes. As long as their FOID is valid, 430 ILCS 65/3 (a) allows them to present their CCL in lieu of a FOID to purchase a firearm or ammunition. When you run an FTIP background, it will check the state and federal eligibility status of the purchaser, regardless of which card they present.