Universal Background Checks for Private Sales

Since July 1, 2023, all private firearm transfers in Illinois must include a background check. The Protect Illinois Communities Act (Public Act 102-1116) amended existing law to close the so-called "private sale loophole" by requiring that every transfer of a firearm -- whether through a dealer or between private individuals -- be accompanied by a verification of the buyer's eligibility.^[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]

What Changed Under PICA

Before the Protect Illinois Communities Act, Illinois already required private sellers to verify a buyer's FOID card before completing a transfer. However, the pre-PICA verification process was less formal. The seller was required to contact the ISP or use the online portal to verify the FOID card's validity, but enforcement was limited and compliance was inconsistent. The PICA amendments strengthened these requirements by adding the dealer-facilitated transfer option and by emphasizing that the seller must complete one of the two approved methods. The Act also reinforced the 10-year record-keeping obligation that had existed under the FOID Act.^[5]

Immediate Family Exception

Transfers between immediate family members are exempt from the requirement to go through a licensed dealer. However, even for family transfers, the transferee must possess a valid FOID card, and the transferor should verify the card's validity through the ISP portal. The family exemption removes the dealer intermediary requirement but does not eliminate the obligation to confirm that the recipient is legally eligible to possess firearms.^[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 repealed a federal regulatory proposal that would have required background checks at gun shows nationwide. 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