What is the current law regarding transfer of a firearm to a family member?

[vito]

This hasn't been an issue for me up until now, but it well might be one in the future. Can I give a family member, such as a child or grandchild one of my firearms without having to do so through an FFL? Would that child or grandchild have to have a FOID card to receive the gun, either directly from me or through an FFL? And what about the case of a gun being given to a family member years ago, without any paperwork at all? The particular firearm could be shown to have been bought by someone, and then given to a family member, and yet there would be no record of when or how the gun was transferred. Thanks to anyone who can clarify this for me since I still live in Illinois and likely will remain here for the foreseeable future. 

[soundguy]

My understanding, you can give (or sell) a firearm to any Illinois resident who has a FOID and passes the on-line FOID check at the ISP Portal. It would be bad form, at least, to give one to a relative who does not have a FOID.

 

I believe that if relative inherits your gun, they have a certain short time period to get that FOID to be "legal" in Illinois. There are different rules for a gift while you are living. You would want to protect yourself and your relative.

 

There are many guns, legally acquired by many legitimate owners, with no paperwork at all. I am not certain about the reporting/transfer requirements from an estate in Illinois today. In the past, they were just taken by the new owner.

 

Interested to see the thoughts of others...

 

Cheers,

Tim

 

 

 

Edited March 10, 2025 at 04:46 PM by soundguy

[Euler]

Transfers to close, in-state family members does not require a FOID check (or FFL), but the recipient must still have a valid FOID. The idea behind the exemption is that you already known about the status of a family member's FOID. The firearm must be transferable (i.e., not prohibited/registered by PICA).

"Close" is defined by law as 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.

Transfers across state lines requires going through an FFL, even for family.

Since soundguy brings it up, firearms (even prohibited/registered by PICA) can be inherited by any non-prohibited person (e.g., not felon) anywhere in the country, assuming that it's not completely prohibited by state law (e.g., many NFA items in Illinois). The transfer occurs at the moment of death. No FFL is required, because the firearm is already the heir's. (Don't expect the executor to know that.) Illinois heirs without a FOID have 60 days to apply for a FOID.