Universal Background Checks for Private Sales

Since July 1, 2023, private firearm transfers covered by Section 3(a-10) must include a verification step, subject to the exceptions in Section 3(a-15). Public Act 102-0237 amended the FOID Act at 430 ILCS 65/3(a-10) to expand the existing private-transfer verification requirement to include a dealer-facilitated transfer or ISP verification under state and federal law, including the National Instant Criminal Background Check System.^[5]

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. For a transfer at a federally licensed firearm dealer's place of business, the dealer conducts a background check on the prospective recipient through the Firearm Transfer Inquiry Program (FTIP). 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 up to $25 per firearm for this service, plus the applicable fees authorized by Section 3.1.^[1]

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 provides their FOID card or Illinois driver's license information and the firearm's make, model, and serial number, along with the buyer's FOID card information, to request a transfer approval number. Transfers of firearms regulated by PICA must use a federally licensed firearm dealer to verify exemption documents. For other covered transfers, the ISP route does not require a dealer to conduct the transfer, but the recipient must provide the transfer record to a federally licensed firearm dealer within 10 days or submit it to ISP under its procedures.^[2]

Record-Keeping Requirements

Regardless of which method is used, the seller must retain a record of the transfer for at least 10 years. The record must include the transfer date, the firearm description and serial number or other identifying information if no serial number is available, and the application date. For an in-state transfer, it must include the transferee's FOID card number and any ISP approval number or documentation under Section 3(a-10). For an out-of-state transfer, it must include the transferee's name and address instead. A gun-show transfer record must also include the unique identification number. These record-keeping requirements are codified in 430 ILCS 65 and are enforceable by the ISP.^[1]

Where the Requirement Comes From

The private-transfer verification requirement predates the Protect Illinois Communities Act, which also amended the FOID Act's private-transfer provisions. Public Act 102-0237, signed in 2021, expanded the transfer-check framework at 430 ILCS 65/3(a-10), building on an existing requirement that private sellers verify the buyer's FOID card validity. Public Act 102-1116 set the July 1, 2023 operative date. PICA, enacted in January 2023, addressed assault weapons and large-capacity magazines and amended the existing private-transfer check. The 10-year record-keeping obligation likewise comes from the FOID Act.^[3]

Immediate Family Exception

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 does not qualify for the bona fide gift exception and requires verification unless another statutory exception applies. Even for an exempt gift, the transferee must display a currently valid FOID card or Illinois CCL unless an exception under Section 3a applies.^[1]

Penalties for Non-Compliance

For a transfer covered by Section 3(a-10), the seller must use the dealer route or contact ISP with the purchaser's FOID card number before selling or transferring the firearm. Except as provided in Section 3a, knowingly transferring a firearm to a person who displays neither a currently valid FOID card nor a currently valid Illinois CCL violates Section 3(a) and is a Class 4 felony for a first or second conviction, 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.^[4]

Federal Engaged-in-the-Business Rule Proposal (May 2026)

On May 6, 2026, ATF published a proposal to remove regulatory definitions and presumptions added by its 2024 engaged-in-the-business rule. This proposal does not change Illinois's private-transfer requirements. Illinois's private-transfer verification requirements come from the FOID Act and are subject to the exceptions in Section 3(a-15). Private sellers at gun shows must request an ISP background check under Section 3(a-5). Private transfers covered by Section 3(a-10) require either a dealer-facilitated transfer or ISP verification, subject to the exceptions in Section 3(a-15). These state requirements remain in force regardless of the federal proposal.

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

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