Private Sale Record-Keeping:
10-Year Retention

Illinois requires every person who sells or transfers a firearm through a private transaction to retain a record of that sale for at least 10 years. This record-keeping obligation exists under the FOID Act (430 ILCS 65) and applies to every private transfer, whether between strangers, friends, or family members.^[1]

What Records Must Be Kept

The private seller must document and retain the following information for each transfer:

• The date of the transfer and the date of application for transfer of the firearm
• The transferee's (buyer's) FOID card number for a transfer completed within Illinois, or the transferee's name and address for a transfer completed outside Illinois
• Identifying information sufficient to identify the buyer
• A description of the firearm transferred and its serial number, or other identifying information if no serial number is available
• The approval number or documentation issued by the ISP for a transfer completed within Illinois, and the unique identification number of the transfer if it took place at a gun show

The statute prescribes the required contents even though it does not mandate a particular form (430 ILCS 65/3(b)). Best practice is additionally to record the buyer's full name, address, and the make, model, and caliber of the firearm transferred. The record should be kept in a durable format that can be produced if requested by law enforcement.^[1]

FOID Card Verification Before Transfer

Before completing the transfer, the seller must verify that the buyer holds a valid, non-revoked FOID card. The ISP provides an online verification portal at verify.ispfsb.com where sellers can confirm a buyer's FOID status. This requirement is in 430 ILCS 65/3(a-10), which Public Act 102-237 amended and PICA, Public Act 102-1116, further amended to make the revised verification process operative July 1, 2023. The seller may instead complete the transfer at the place of business of a federally licensed firearm dealer who conducts the background check under Section 3.1 and follows all other applicable federal, State, and local laws as if the dealer were the seller or transferor. Nine statutory exemptions in 430 ILCS 65/3(a-15) excuse the verification step, led by bona fide gifts between specified family members.^[1]

Why 10 Years

Illinois requires a person who transfers a firearm within the State to keep a record for 10 years from the transfer date. The transferor must produce the transfer record for inspection on demand of a peace officer.^[1]

Practical Considerations

The seller must retain the transfer record for 10 years. A recipient of a transfer under 430 ILCS 65/3(a-10) must provide the record to a federally licensed dealer within 10 days, and the dealer must retain it for 20 years from receipt. Private transfer records must be provided and maintained in electronic or paper format. A handwritten note or a printed form can satisfy the requirement if it captures the statutorily required contents. A photograph of the buyer's FOID card alone does not, because the record must also include the application and transfer dates, the firearm description and serial number or other identifying information if no serial number is available, and any ISP approval number or documentation provided. The recipient of a transfer under 430 ILCS 65/3(a-10) is not required to maintain a transfer record after providing it to the federally licensed firearm dealer. Sellers should store records securely, as the obligation persists for a full decade regardless of whether the seller moves, changes contact information, or loses track of the buyer.

Penalties for Non-Compliance

Failure to maintain the required 10-year record can result in criminal charges. Failing to run the 430 ILCS 65/3(a-10) validity check is expressly not a criminal or petty offense under 720 ILCS 5/24-3(C)(7). Knowingly selling or transferring ownership of a firearm to a person who does not display a currently valid FOID card or concealed-carry license is a Class 4 felony under 720 ILCS 5/24-3(A)(k) and (C)(7), except for a transfer to a person exempt from the FOID requirement under Section 2 of the FOID Act. The record-keeping requirement and the FOID verification requirement are distinct obligations. Sellers who comply with the validity-check requirement are not liable for damages in a civil action arising from the transferee's use or misuse of the firearm, except for willful or wanton misconduct by the seller or transferor. On demand of a peace officer, the transferor must produce the transfer record for inspection.^[2]

Interaction with Universal Background Checks

The 10-year record-keeping obligation in 430 ILCS 65/3(b) is separate from the FOID verification requirement in 430 ILCS 65/3(a-10), which Public Act 102-237 amended. Even when a private sale is processed through a licensed dealer (who maintains their own records under federal law), the private seller is still advised to retain their own documentation. The verification amendments did not eliminate or modify the 10-year retention requirement under the FOID Act. They expanded the verification process and added transfer-record duties for recipients and dealers.^[3]

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

See also: Buying a Rifle or Shotgun in Illinois