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( 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

 

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( 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.

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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.

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(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.

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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.

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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.

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