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What is the law on private ammunition sales?


rcard77

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Would it make sense to do a FOID check using the ISP site to verify the FOID card is legit? You wouldn't need a print out or anything, just a check that the card is valid.

 

I mean, it seems unnecessary since presumably the card would have been confiscated if the person was prohibited. But it is a tool to CYA if you wanted to.

No, not at all. The law says what it says. You are under no requirement to check the validity of anyone's FOID card or if they even have one in order to sell them ammo. The ISP verification website is only for firearms purchases.

And even that ISP check is disputed as being mandatory before a private sale of a firearm. There is no legal penalty if you don't do it, which makes it meaningless. Kinda just like a FOID card. But that's another discussion isn't it.

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Would it make sense to do a FOID check using the ISP site to verify the FOID card is legit? You wouldn't need a print out or anything, just a check that the card is valid.

 

I mean, it seems unnecessary since presumably the card would have been confiscated if the person was prohibited. But it is a tool to CYA if you wanted to.

No, not at all. The law says what it says. You are under no requirement to check the validity of anyone's FOID card or if they even have one in order to sell them ammo. The ISP verification website is only for firearms purchases.

And even that ISP check is disputed as being mandatory before a private sale of a firearm. There is no legal penalty if you don't do it, which makes it meaningless. Kinda just like a FOID card. But that's another discussion isn't it.

 

You are in fact required to see that a prospective buyer possesses a FOID (or CCL) before transferring ammunition. I know someone that was arrested and convicted for failing to do so.

 

(430 ILCS 65/3) (from Ch. 38, par. 83-3)

Sec. 3. (a) Except as provided in Section 3a, no person may knowingly transfer, or cause to be transferred, any firearm, firearm ammunition, stun gun, or taser to any person within this State unless the transferee with whom he deals displays either: (1) a currently valid Firearm Owner's Identification Card which has previously been issued in his or her name by the Department of State Police under the provisions of this Act; or (2) a currently valid license to carry a concealed firearm which has previously been issued in his or her name by the Department of State Police under the Firearm Concealed Carry Act. In addition, all firearm, stun gun, and taser transfers by federally licensed firearm dealers are subject to Section 3.1.

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Add to the confusion, if you are at a gun range or a training class, the person doesn't have to have a FOID card to buy ammo or use a firearm.

 

A person who is otherwise eligible to obtain a Firearm Owner's Identification Card under this Act and is under the direct supervision of a holder of a Firearm Owner's Identification Card who is 21 years of age or older while the person is on a firing or shooting range or is a participant in a firearms safety and training course recognized by a law enforcement agency or a national, statewide shooting sports organization;
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Add to the confusion, if you are at a gun range or a training class, the person doesn't have to have a FOID card to buy ammo or use a firearm.

 

A person who is otherwise eligible to obtain a Firearm Owner's Identification Card under this Act and is under the direct supervision of a holder of a Firearm Owner's Identification Card who is 21 years of age or older while the person is on a firing or shooting range or is a participant in a firearms safety and training course recognized by a law enforcement agency or a national, statewide shooting sports organization;

 

Not true. You are conflating possession and buying. While they do not need a FOID to POSSESS firearms or ammunition if they are shooting under the supervision of an adult (21+ years) that has a FOID, they do need a FOID if they wish to BUY ammunition and/or firearms.

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Add to the confusion, if you are at a gun range or a training class, the person doesn't have to have a FOID card to buy ammo or use a firearm.

 

A person who is otherwise eligible to obtain a Firearm Owner's Identification Card under this Act and is under the direct supervision of a holder of a Firearm Owner's Identification Card who is 21 years of age or older while the person is on a firing or shooting range or is a participant in a firearms safety and training course recognized by a law enforcement agency or a national, statewide shooting sports organization;

 

Depends on if they are with FOID holder or not. The FOID holder can obviously rent the gun and buy ammo.

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