In Illinois, a waiting period is required to purchase a firearm in Illinois. That waiting period is 24 hours for a long gun and 72 hours for a hand gun. This waiting period applies if you buy a firearm from a FFL in Illinois, or through a private party. (Se also: How to Sell a Gun in Illinois).
Pursuant to Illinois law, 720 ILCS 5/24-3, sellers must withhold delivery of a long gun, rifle or shotgun, for 24 hours and a handgun for 72 hours from the time the application for purchase has been reached. Violation of that provision is Unlawful Sale or Delivery of Firearms and is a Class 4 Felony, punishable by up to 1-3 years in the Illinois Department of Corrections.
A common question is, “When does the waiting period begin to purchase a firearm in Illinois?”
The answer is, when the agreement has been made. Some guidelines below, are copied from the Illinois State Police Website for Licensed Firearm Dealers. These guidelines will answer most questions about the Waiting Period to Purchase a Firearm in Illinois.
- When a customer has a gun shipped from another FFL or out of state, when does the waiting period begin? The waiting period starts when the agreement is reached with the seller. It need not be the FFL making the transfer of the firearm. If the firearm was paid for and/or shipped from another FFL, the waiting period began prior to when the FFL conducting the transfer received the firearm.
- Can a customer call up and order a firearm over the phone, then come in and pick up the firearm later? The waiting period begins when the buyer and seller reach an agreement. FFLs need to document how the waiting period was observed. The documentation needs to be verifiable and consistent with each purchaser.
- What happens if a customer orders a firearm, and when he comes into pick it up, ISP issues something other than an approval on the FTIP? The actual transfer of the firearm cannot take place until there is an approval from the FTIP system, regardless of when the agreement was reached. If the FFL receives a transaction number, they cannot complete the transfer until they receive an approval.
- Do FFLs have to wait when transferring firearms between FFLs? There is no waiting period between retail FFLs. And Curio and Relic (C&R) FFLs are exempt from the waiting period for those firearms that appear on the ATF&E C&R list and fall under the C&R license.