Universal Background Checks for Private Sales

Since July 1, 2023, private firearm transfers in Illinois must include a verification step. Public Act 102-0237, which amended the FOID Act at 430 ILCS 65/3(a-10), closed the so-called "private sale loophole" by requiring that covered transfers of a firearm -- whether through a dealer or between private individuals -- be accompanied by a verification of the buyer's FOID card validity.^[1]

Two Pathways for Private Transfers

Under the amended law, a private seller must complete the transfer through one of two methods:

Option 1: Transfer Through a Licensed Dealer. The seller and buyer bring the firearm to a federal firearms licensee (FFL), who conducts a standard FTIP background check on the buyer. The dealer processes the transfer as if it were a retail sale, and the buyer must clear the background check before receiving the firearm. The dealer may charge a fee for this service.^[2]

Option 2: ISP Online FOID Verification. The seller verifies the buyer's FOID card validity through the ISP's online verification portal at verify.ispfsb.com. This portal allows the seller to confirm that the buyer holds a valid, non-revoked FOID card. The seller enters the buyer's FOID card number and confirms the card is active. This option does not require the involvement of a dealer but still provides a verification step to ensure the buyer is legally eligible to possess firearms.^[3]

Record-Keeping Requirements

Regardless of which method is used, the seller must retain a record of the transfer for at least 10 years. This record must include the date of the transfer, the transferee's FOID card number, and identifying information about the buyer. These record-keeping requirements are codified in 430 ILCS 65 and are enforceable by the ISP.^[4]

Where the Requirement Comes From

The verification requirement does not come from the Protect Illinois Communities Act. Public Act 102-0237, signed in 2021, added the FOID validity check at 430 ILCS 65/3(a-10) with an operative date of July 1, 2023, building on the older rule that a private seller confirm the buyer holds a FOID card. PICA, enacted separately in January 2023, addressed assault weapons and large-capacity magazines and did not create the private-transfer check. The 10-year record-keeping obligation likewise comes from the FOID Act.^[5]

Immediate Family Exception

The family exemption is narrower than commonly assumed. Under 430 ILCS 65/3(a-15)(2), bona fide gifts between specified family members are exempt from the verification requirement. A sale between family members is not a gift and still requires verification. Even for an exempt gift, the transferee must possess a valid FOID card, because transferring a firearm to a person without a valid card remains a criminal offense.^[6]

Penalties for Non-Compliance

Selling or transferring a firearm to a person without verifying their FOID card or without using one of the two approved methods is a violation of Illinois law. Transferring a firearm to a person who does not hold a valid FOID card is a Class 4 felony, punishable by one to three years in prison. Failure to maintain the required transfer records can result in additional charges. These penalties apply regardless of whether the buyer ultimately turns out to be a prohibited person.^[7]

Federal Law Update: Gun Show Background Check Rule Repealed (April 2026)

The DOJ and ATF reform package signed on April 29, 2026 rolled back the federal engaged-in-the-business rule, a final rule adopted in 2024 (not a mere proposal) that had extended dealer background-check obligations to many gun show sellers. The repeal has no effect on Illinois. Illinois's Universal Background Check requirement under the Protect Illinois Communities Act applies to all private firearm transfers regardless of where the transfer occurs, including at gun shows. The ISP FOID verification requirement and the option to process transfers through a licensed dealer remain mandatory for all Illinois private sales, and neither depends on federal law to be enforceable.

See also: Buying a Handgun in Illinois: Step-by-Step

See also: Private Sale Record-Keeping: 10-Year Retention