Transfer of Firearm to Immediate Family Member as a Gift

[CZ John]

I am a little confused.  Can I transfer a few  "assault weapons" (it's a semiautomatic rifle you gun haters) owned for years as gifts to my kids or spouse (they have valid FOID cards) without an FFL or FOID transaction number generated by ISP?  I know we both would have to retain some paperwork as a record if this is valid.

Edited July 31, 2023 at 06:18 PM by CZ John

[Euler]

1. This is not a judicial case.

2. No.

3. Who would ever find out that you did it after January 2023?

[SiliconSorcerer]

On 7/31/2023 at 2:08 PM, Euler said:

1. This is not a judicial case.

2. No.

3. Who would ever find out that you did it after January 2023?

#3) Same goes with a firearm over 10 years old. 

[jc2601]

Euler ... are you sure the answer is No?

 

430 ILCS 65/3

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 Illinois 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 Illinois 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.

{* so this section says that the person receiving has to have a FOID or a CCL *}

 

(a-10) Notwithstanding item (2) of subsection (a) of this Section, any person who is not a federally licensed firearm dealer and who desires to transfer or sell a firearm or firearms to any person who is not a federally licensed firearm dealer shall, before selling or transferring the firearms, contact a federal firearm license dealer under paragraph (1) of subsection (a-15) of this Section to conduct the transfer or the Illinois State Police with the transferee's or purchaser's Firearm Owner's Identification Card number to determine the validity of the transferee's or purchaser's Firearm Owner's Identification Card under State and federal law including the National Instant Criminal Background Check System. This subsection shall not be effective until July 1, 2023. ...

{* this section has the new stuff about conducting the transfer via FFL*}

 

BUT ...

(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;

...

{*I read this as while the family recipient has to have a FOID, the new language about going through the FFL doesn't apply*}

(b) Any person within this State who transfers or causes to be transferred any firearm, stun gun, or taser shall keep a record of such transfer for a period of 10 years from the date of transfer.

{*so the transferor still has to maintain a record for 10 yrs*}

Any person within this State who receives any firearm, stun gun, or taser pursuant to subsection (a-10) shall provide a record of the transfer within 10 days of the transfer to a federally licensed firearm dealer and shall not be required to maintain a transfer record. The federally licensed firearm dealer shall maintain the transfer record for 20 years from the date of receipt.

{*since the family transfer wasn't done pursuant to section (a-10) ... the recipient does not have to go visit the FFL to record the transfer*}

 

A federally licensed firearm dealer may charge a fee not to exceed $25 to retain the record. The record shall be provided and maintained in either an electronic or paper format. The federally licensed firearm dealer shall not be liable for the accuracy of any information in the transfer record submitted pursuant to this Section. Such records shall contain the date of the transfer; the description, serial number or other information identifying the firearm, stun gun, or taser if no serial number is available; and, if the transfer was completed within this State, the transferee's Firearm Owner's Identification Card number and any approval number or documentation provided by the Illinois State Police pursuant to subsection (a-10) of this Section; 

 

 

For the record, I am not a lawyer - this is just me reading and trying to make sense of this.

 

[Euler]

On July 31, 2023 at 10:37 PM, jc2601 said:→

Euler ... are you sure the answer is No?
...

Yes, I am sure.

720 ILCS 5/24-1.9 said:

720 ILCS 5/24-1.9. Manufacture, possession, delivery, sale, and purchase of assault weapons, .50 caliber rifles, and .50 caliber cartridges.
...
(c) Except as provided in subsections (d), (e), and (g), on or after the effective date of this amendatory Act of the 102nd General Assembly, it is unlawful for any person within this State to knowingly manufacture, deliver, sell, or purchase or cause to be manufactured, delivered, sold, or purchased or cause to be possessed by another, an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge.
...
(e) ... Beginning 300 days after the effective date of this amendatory Act of the 102nd General Assembly, the person with a registered assault weapon or .50 caliber rifle may transfer the assault weapon or .50 caliber rifle only to an heir, an individual residing in another state maintaining it in another state, or a dealer licensed as a federal firearms dealer ...

Transferring (or gifting or whatever you want to call it) an AWB to a family member would "cause [it] to be possessed by another" and is prohibited by PICA. "Transfers" to heirs occur when you die.

[CZ John]

Sorry if I placed this topic in the wrong forum.  I would move it if I have this option, but am unsure how to do that.  I will move it if anybody can tell me how to do it.

 

An heir is a person related to you by blood or marriage that may receive property after a person's death intestate (when there is no will) according to a legal dictionary. It appears to be a "class" of persons to me. I would think if transfers were limited to after the death of the owner the term "pursuant to operation of law or court order" would be included.  Afterall, the person that died is not the entity doing the transfer as it would be completed by a judge in probate through a judicial decree.  But who knows what the legislative intent is because it seems vague and ambiguous to me.  I'll wait for a clarification, and it may take years.

[mauserme]

I moved it into the Illinois Right to Keep and Carry forum.

[jc2601]

On 8/1/2023 at 12:16 AM, Euler said:

Yes, I am sure.


Transferring (or gifting or whatever you want to call it) an AWB to a family member would "cause [it] to be possessed by another" and is prohibited by PICA. "Transfers" to heirs occur when you die.

Thank you for this explanation - I wasn't thinking about the impact of PICA and the fact that he wanted to gift a verboten item.

 

If he wanted to transfer an otherwise legal item, one not covered by PICA, then would (a-15) kick in and allow a bona fide gift to a family member to occur w/o going through an FFL?

[Euler]

On August 1, 2023 at 07:22 AM, jc2601 said:→

...
If he wanted to transfer an otherwise legal item, one not covered by PICA, then would (a-15) kick in and allow a bona fide gift to a family member to occur w/o going through an FFL?

Yes