Since 2019, Federal Firearms Licensees engaged in the business of selling, leasing, or transferring firearms in Illinois must obtain a Firearm Dealer License Certification (FDLC) from the Illinois State Police unless their activities are exempt under the Act. The Firearm Dealer License Certification Act (430 ILCS 68) created this additional layer of state oversight for firearms dealers.[1] Under Section 5-15 of the Act (430 ILCS 68/5-15), it is unlawful to engage in the business of selling, leasing, or otherwise transferring firearms without a valid certificate of license, subject to the Act's exemptions. If the ISP does not issue an initial certificate within 30 days after receiving the license copy and sworn affidavit, the licensee may operate as if a certificate has been granted unless and until the ISP issues a denial.
Who Needs an FDLC
Any person or business that holds a Federal Firearms License and engages in the business of selling, leasing, or transferring firearms at retail or wholesale in Illinois must obtain an FDLC unless its activities are exempt under the Act. This includes:[1]
- Retail gun stores and sporting goods stores that sell firearms
- Pawnshops that deal in firearms, except those conducting only exempt transfers such as transfers between a pawnshop and a customer that amount to a bailment
- Home-based FFLs conducting transfers
- Non-retail FFLs, such as manufacturers and importers, that engage in the business of selling, leasing, or transferring firearms in Illinois. Type 03 Curio and Relic collectors transferring curios and relics between federally licensed collectors are exempt from certification
Engaging in the business of dealing firearms in Illinois without an FDLC violates state law unless the activities are exempt or the licensee may operate under the Act's initial-certification provision. A valid FFL alone does not satisfy the state certification requirement.
FDLC Fees
The initial FDLC certification fee is based on the type of location.[1]
- Retail location: $1,200
- Non-retail location: $300
A retail location is a store open to the public from which a certified licensee sells, transfers, or facilitates a sale or transfer of a firearm. The World Shooting and Recreational Complex, a gun show, or a similar event where the licensee does business from time to time is not a retail location. Manufacturers, importers, and other FFLs are non-retail locations when their premises do not meet the retail-location definition.
Application Requirements
To apply for an FDLC, you must submit the following to the ISP Firearms Services Bureau:[1]
- A completed FDLC application form
- Proof of a valid Federal Firearms License
- Payment of the applicable fee ($1,200 for retail or $300 for non-retail)
- A safe storage plan for firearms and ammunition if the applicant operates a retail location (see below)
- Proof that all owners, agents, and employees involved in firearm transfers have completed ISP-approved FDLC training
FDLC Training Requirement
All individuals who participate in the sale, lease, or transfer of firearms on behalf of the dealership must receive at least 2 hours of training annually regarding legal requirements and responsible business practices applicable to firearm sales or transfers. The required training must be completed before certification and yearly thereafter. This includes owners, managers, and sales employees who handle firearm transactions. The training covers topics such as:[1]
- Illinois firearms laws and regulations, including the FOID Act and Concealed Carry Act
- Proper procedures for conducting background checks through the Firearms Transfer Inquiry Program (FTIP)
- Recordkeeping requirements under state and federal law
- Identifying straw purchases and other prohibited transactions
- Safe storage and inventory management
Safe Storage Plan
Each FDLC applicant operating a retail location must develop and submit a safe storage plan to the ISP. The plan must address safe storage of firearms and ammunition during retail hours and after closing, using secured gun storage or safety devices and describing anti-theft measures and practices.[1]
Electronic Recordkeeping
FDLC holders operating retail locations must maintain electronic records of their changing firearms inventory, including the make, model, caliber or gauge, and serial number of each firearm received or sold. Certified licensees may seek ISP approval to use an alternate, non-electronic recordkeeping method that satisfies the rule. These records must be available for inspection by the ISP and must be maintained in a format that the ISP can access during compliance audits.[1]
Compliance and Inspections
The ISP has the authority to conduct inspections of FDLC-certified dealers to verify compliance with the Act. Inspections may cover inventory records, storage practices, employee training documentation, and adherence to the submitted safe storage plan. Non-compliance can result in suspension or revocation of the FDLC.[1]
Relationship to Federal FFL
The FDLC does not replace the Federal Firearms License. A dealer conducting covered business needs both a valid FFL from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and an FDLC from the ISP, subject to the Act's exemptions and its initial-certification provision. A dealer cannot continue that business after either authorization expires or is revoked.[1]
Background Check Responsibilities
FDLC-certified dealers are responsible for conducting background checks on all firearm purchasers through the ISP's Firearms Transfer Inquiry Program (FTIP). The FTIP searches criminal history records, FBI/NICS databases, and Illinois Department of Human Services files relating to mental health and developmental disabilities before approving a transfer.[2]
See also: Dealer Requirements Under the Gun Dealer Licensing Act