Ill. Admin. Code tit. 20, § 1230.35 - Possession and Validity of a FOID Card
a) Possession
1) Possession of either a valid FOID Card,
FCCL, or FOID Card with Designator shall satisfy the requirements of Section
2(a) of the Act regarding possession of a FOID Card.
2) A Designator will be added to the FOID
Card to distinguish between persons with an active FOID Card only and persons
with an active FOID Card and an FCCL.
3) Possession of a valid FOID Card or FOID
Card with Designator does not relieve the holder of the responsibility to
comply with State and federal law as it pertains to acquiring or possessing
firearms or firearms ammunition.
4)
Upon the development of a system under which an electronic version of a FOID
card can be displayed on a mobile telephone or other portable electronic
device, the possession of such electronic version shall satisfy the
requirements of Section 2(a) of the Act regarding possession of a FOID Card so
long as the device contains all security features required by the Department to
ensure the electronic version is current and accurate.
b) Validity. Prior to the sale or transfer of
any firearms or firearms ammunition, if the FOID Card has no expiration date on
its face or the FOID Card is expired, the validity of the purchaser's FOID Card
under this Act must be checked on the Department's online FOID/FCCL system
except as provided in subsection (b)(7) below.
1) Federally-licensed firearm dealers
transferring a firearm are exempt from this requirement but must comply with
the provisions set forth in Part 1235, Firearm Transfer Inquiry Program, of
this Title.
2) These inquiry
requirements apply equally to transfers involving new, used, and trade-in
firearms.
3) Inquiries made to the
Department's online FOID/FCCL system do not exempt or otherwise relieve the
person making such inquiry from compliance with any other State or federal laws
or local ordinances.
4) The seller
will perform the inquiry by following the step-by-step instructions provided
through the Department's online FOID/FCCL system.
5) The Department shall determine the
validity of the purchaser's FOID Card and provide a transaction approval number
if the FOID Card is active.
A) The seller
shall not complete the sale or otherwise transfer the firearm until a
transaction approval number is provided by the Department.
B) The seller must complete the transfer of
all firearms within 30 days after the transaction approval number has been
provided by the Department.
C) If
the purchaser's FOID Card is not active, the Department shall advise the
seller.
6) The purchaser
and seller are required to comply with the requirements of Section 3b of the
Act [430
ILCS 65/3(b)] .
A) Purchasers and/or sellers who elect to
provide the Department with a record of the transfer, shall do so by completing
the form available on the Department's website for this purpose.
B) Completed transfer record forms will be
attached to the purchaser's account within the Department's online FOID/FCCL
system and retained for a period of not less than 20 years.
7) If the FOID Card has an
expiration date printed on its face and the card has not yet expired, the card
shall be considered active for purposes of sale or transfer of firearms
ammunition only and need not be checked in the Department's online FOID/FCCL
system. All FOID Cards must be checked in the Department's online FOID/FCCL
system for the sale or transfer of firearms as provided in this subsection
(b).
Notes
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