Frequently Asked Questions

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."

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. "

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.

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.

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..

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.

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.

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.