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Gifting a Firearm Prohibited in IL?


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#1 FST_Kent

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Posted 03 August 2019 - 08:36 AM

Maxxon's website:
 

 

https://maxonshooter...un-in-illinois/

 

While federal form 4473 informs potential purchasers of the “gifting” policies regarding firearm purchase, The State of Illinois specifically prohibits gifting. You may not purchase a firearm with the intent on giving it or selling it to someone else, regardless of whether or not they are legally allowed to possess a firearm. We will not process sales that we suspect are straw purchases.

 

IL prohibits gifting a firearm?

 

And one can't sell a firearm to someone legally allowed to possess it in IL?

 

I understand they're trying to protect themselves from a straw purchase.



#2 GTX63

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Posted 03 August 2019 - 08:44 AM

How many Grandpas and Uncles should that state police be rounding up and heading off to the hoosegow about now?

 

My Father In Law rounded up some old 22 rifles he had purchased at a gun show and passed them out to a few great grandkids several Christmases ago, before he went into the nursing home.

Lock him up!



#3 2A4Cook

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Posted 03 August 2019 - 09:15 AM

Obviously, lefty Dumborat parents "gifting" common sense to their gene pool has also been prohibited in Illifornicate ...

The intention is clear: they will know exactly which firearms are owned by which disenfranchised serfs when they finally seize their chance to disarm the peasantry.

Edited by 2A4Cook, 03 August 2019 - 09:17 AM.


#4 defaultdotxbe

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Posted 03 August 2019 - 09:16 AM

( b ) A person commits the offense of unlawful
purchase of a firearm who knowingly purchases
or attempts to purchase a firearm with the intent
to deliver that firearm to another person who is
prohibited by federal or State law from
possessing a firearm.

( c ) A person commits the offense of unlawful
purchase of a firearm when he or she, in
purchasing or attempting to purchase a firearm,
intentionally provides false or misleading
information on a United States Department of
the Treasury, Bureau of Alcohol, Tobacco and
Firearms firearms transaction record form.

( d ) Exemption. It is not a violation of
subsection ( b ) of this Section for a person to
make a gift or loan of a firearm to a person who
is not prohibited by federal or State law from
possessing a firearm if the transfer of the firearm
is made in accordance with Section 3 of the
Firearm Owners Identification Card Act

 


Edited by defaultdotxbe, 03 August 2019 - 09:17 AM.

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#5 2A4Cook

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Posted 03 August 2019 - 09:20 AM

( b ) A person commits the offense of unlawful
purchase of a firearm who knowingly purchases
or attempts to purchase a firearm with the intent
to deliver that firearm to another person who is
prohibited by federal or State law from
possessing a firearm.
( c ) A person commits the offense of unlawful
purchase of a firearm when he or she, in
purchasing or attempting to purchase a firearm,
intentionally provides false or misleading
information on a United States Department of
the Treasury, Bureau of Alcohol, Tobacco and
Firearms firearms transaction record form.
( d ) Exemption. It is not a violation of
subsection ( b ) of this Section for a person to
make a gift or loan of a firearm to a person who
is not prohibited by federal or State law from
possessing a firearm if the transfer of the firearm
is made in accordance with Section 3 of the
Firearm Owners Identification Card Act


If that provision remains unchanged (I ain't looking dat up), someone needs a new lawyer, or to get one if they looked it up themselves.

#6 mrmagloo

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Posted 03 August 2019 - 11:03 AM

This is the pertinent section:

 

Exemption. It is not a violation of subsection ( b ) of this Section for a person to make a gift or loan of a firearm to a person who is not prohibited by federal or State law from possessing a firearm if the transfer of the firearm is made in accordance with Section 3 of the Firearm Owners Identification Card Act

 

Imho, you can certainly buy a gun for a family member as a gift, provided they are not restricted from owning a gun and have a FOID.  That said, buying a gun for someone else might be a slippery slope in some scenarios.



#7 InterestedBystander

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Posted 03 August 2019 - 11:23 AM

Many if not most gun stores I have seen are leery of gifting lest they get jammed up be it right or not. I have seen them suggest buying a gift card for the amount and presenting that.

Edited by InterestedBystander, 03 August 2019 - 11:23 AM.

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#8 Euler

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Posted 03 August 2019 - 11:39 AM

(a) ... no person may knowingly transfer ... any firearm, ... unless the transferee ... displays ... a currently valid Firearm Owner's Identification Card ... or ... a currently valid license to carry a concealed firearm ...
...
(a-10) ... any person ... who desires to transfer ... a firearm ... to any person ... shall ... determine the validity of the transferee's ... Firearm Owner's Identification Card....

(a-15) The provisions of subsection (a-10) of this Section do not apply to:
...
(2) transfers as a bona fide gift to the transferor's husband, wife, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, nephew, niece, uncle, aunt, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, or daughter-in-law;
...


In other words, a gift within Illinois requires that the recipient be eligible to own a firearm, including possessing a FOID. In addition, the gifter need not check the validity of the recipient's FOID if the recipient is a close family members, as defined by law.

These gift laws only apply in-state. Gifting out-of-state is subject to Federal laws, the same as any other interstate transfer.
The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.


#9 Lou

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Posted 03 August 2019 - 11:45 AM

The easiest way to do it is to price out the firearm with all taxes and fees included and buy a gift certificate for that amount.
Give it to the recipient with a photo of what to buy and where.

Easy peasie.

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#10 FST_Kent

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Posted 03 August 2019 - 11:48 AM

My whole point, is there is no IL law against gifting a firearm as long as the person receiving the gift is not prohibited in possessing a firearm.



#11 ilphil

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Posted 03 August 2019 - 12:00 PM

There have been plenty of posts here over the years regarding FFLs that choose to enforce rules that go beyond either state or federal law.
All I can say is that any dealer that won’t let me buy a firearm as a gift for either my wife or adult daughter won’t be getting any of my business.
There are more than enough laws already on the books without FFLs deciding to make up their own.
And yes, I know, it’s their business and yada yada yada.
But it’s my $$ and I can choose where to spend it.

#12 FST_Kent

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Posted 03 August 2019 - 12:10 PM

They can have whatever policy they want, that's not my point.

 

Saying "The State of Illinois specifically prohibits gifting" is false and the point I'm trying to make.

 

Their next statement isn't entirely true either. "You may not purchase a firearm with the intent on giving it or selling it to someone else, regardless of whether or not they are legally allowed to possess a firearm."



#13 Euler

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Posted 03 August 2019 - 12:16 PM

They can have whatever policy they want, that's not my point.
 
Saying "The State of Illinois specifically prohibits gifting" is false and the point I'm trying to make.
 
Their next statement isn't entirely true either. "You may not purchase a firearm with the intent on giving it or selling it to someone else, regardless of whether or not they are legally allowed to possess a firearm."


The State of Illinois specifically allows gifting, including suspending the requirement to check the recipient's FOID (for close family members).

It's a different topic, but that would come to an end if "Fix the FOID" passes. Universal background checks require even gifts to go through an FFL.

Edited by Euler, 03 August 2019 - 12:18 PM.

The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.


#14 FST_Kent

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Posted 03 August 2019 - 12:26 PM


The State of Illinois specifically allows gifting, including suspending the requirement to check the recipient's FOID.

 

 

That's the point.

 

Why make a false statement about a law that doesn't exist? 

 

All they gotta do is state their policy not to do a sale as a gift due to straw purchase concerns, but we would be more than happy to issue a gift certificate. 



#15 Bubbacs

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Posted 03 August 2019 - 01:15 PM

the LGS where i go allows the whole gift card thing and highly recommends it!

walk to the front register and buy a gift card

walk to the gun counter and ask to but that firearm

hand them the gift card and finish business  



#16 FST_Kent

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Posted 03 August 2019 - 01:20 PM

My concern isn't a store's specific policies.  I worked for a FFL for many yrs.  Been there with gifts, straw purchases, etc., etc.

 

My point is this store made up a law that doesn't exist..



#17 spanishjames

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Posted 03 August 2019 - 06:01 PM

My concern isn't a store's specific policies.  I worked for a FFL for many yrs.  Been there with gifts, straw purchases, etc., etc.
 
My point is this store made up a law that doesn't exist..

Just let them know they're wrong, and buy elsewhere.

To disarm is to consent to slavery.


#18 FST_Kent

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Posted 03 August 2019 - 06:50 PM

Never said it had anything to do with a purchase.

 

Was doing a search  this morning and this link from Maxxon's came up and I though it would be interesting to read.

 

Never thought I'd find a blatant lie.

 

The store is at least an hour out of my way to ever visit.  Maybe someone that actually does shop there could ask.



#19 Craigcelia

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Posted 03 August 2019 - 11:00 PM

I'll never step foot in Maxon's. They suck - weren't real "instructor friendly" when I scoped them out. I'll go elsewhere over them Sent from my SM-G955U using Tapatalk

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#20 FST_Kent

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Posted 04 August 2019 - 08:50 AM

Same issue was brought up a few yrs ago it seems.

 

http://illinoiscarry...showtopic=59234



#21 2A4Cook

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Posted 04 August 2019 - 05:33 PM

It might not have been the ownership's fault. There is always the possibility of bad legal advice.

#22 FST_Kent

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Posted 04 August 2019 - 05:50 PM

Any lawyer that ever quoted me a  law, court decision, or case law always showed it to me.  Usually without me asking.






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