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Posted: 12/30/2005 8:00:45 AM EDT
A quick question for you all. In other threads I have heard talk of the record keeping for those that have sold firearms. I know some have lost their firearms in Boating accidents and other have lost their records of sale(foid card info) due to a fire. Sorry for your loss. he
Thanks,
Josh
Link Posted: 12/30/2005 9:59:57 AM EDT
Law or no, I would keep it on file anyway for CYA purposes.
Link Posted: 12/30/2005 10:13:46 AM EDT
I think you missed my point but I appreciate your intentions.

Thanks

Link Posted: 12/30/2005 10:17:47 AM EDT
Link Posted: 12/30/2005 10:24:29 AM EDT
[Last Edit: 12/30/2005 10:29:01 AM EDT by Cradddock]
Point taken but....

How long am I required to keep a record of the FFL's that I have shipped various guns to? I have a hard time reading actual law trying to wade through large pdf files and such, but I have not seen it mentioned in any summery. Since I don't know if IL adresses it I am looking for the requirement at the Federal level.

In other words. What kind of trouble can I get in if I do not remember which FFL I shipped a particular firearm to x years ago?
Link Posted: 12/30/2005 10:50:13 AM EDT
[Last Edit: 12/30/2005 10:50:39 AM EDT by codycoyote]
Link Posted: 12/30/2005 12:06:50 PM EDT
I might be mistaken, but I believe you are responsible for keeping a record of who you sold your firearms to for 10 years. I didn't think it matters if it is to a private party or to a FFL.
To be on the safe side, I'd keep any documentation on firearm disposition for the required 10 years.
Link Posted: 12/30/2005 12:46:00 PM EDT

I might be mistaken, but I believe you are responsible for keeping a record of who you sold your firearms to for 10 years. I didn't think it matters if it is to a private party or to a FFL.
To be on the safe side, I'd keep any documentation on firearm disposition for the required 10 years.




I do not see where laws that fall under the FOID card act can apply to other states. This record keeping law refers to Private Citizen Transfer in Illinios. It also says "seller and buyer must posses a valid FOID card".

In shipping a firearm to Georgia, I do not need to comply with the FOID Card Act.


I am less concerned with the being on the "safe side" so much as I am legal. Not trying to be a smartass.
Link Posted: 12/30/2005 11:15:12 PM EDT
No you do not need a copy of their FFL. Before you can ship them there, you must varify that they actually HAVE an FFL, but that is all.
Link Posted: 12/31/2005 1:32:35 AM EDT

Originally Posted By Tim84K10:
No you do not need a copy of their FFL. Before you can ship them there, you must varify that they actually HAVE an FFL, but that is all.



I believe this is the correct answer.

Your individual firearms are not registered. Sorry you had to sell all your guns.

Interesting name.

Link Posted: 12/31/2005 4:53:02 AM EDT

Originally Posted By Cradddock:

I might be mistaken, but I believe you are responsible for keeping a record of who you sold your firearms to for 10 years. I didn't think it matters if it is to a private party or to a FFL.
To be on the safe side, I'd keep any documentation on firearm disposition for the required 10 years.




I do not see where laws that fall under the FOID card act can apply to other states. This record keeping law refers to Private Citizen Transfer in Illinios. It also says "seller and buyer must posses a valid FOID card".

In shipping a firearm to Georgia, I do not need to comply with the FOID Card Act.


I am less concerned with the being on the "safe side" so much as I am legal. Not trying to be a smartass.



When you sold the guns, were you a resident of Illinois? If so, I think you need to follow Illinois law. I understand you sold the guns to someone out of state, but if you are/were an Illinois resident and had the guns in your possession while an Illinois resident, I think you need to abide by Illinois law.
Obviously, the purchaser of your guns would not have a FOID if they were not Illinois residents, but Illinois law calls for you to maintain for 10 years a record of who you sold your firearms to.
Link Posted: 12/31/2005 8:03:06 AM EDT
The law refers to transfer between private citizens in Illinois. You must be talking about a different law. Any chance you can find it somewhere? I don't believe the laws under the FOID Card Act apply to out of state transactions to an FFL.

I believe the two posters before you were correct.

And the deal fell through so I still have my firearms ...for now. Josh
Link Posted: 12/31/2005 9:14:27 AM EDT
Just so I understand this, if I transfer my firearms to a licensed FFL dealer, there is no requirement for me to document the sale or maintain a record of the sale. Is that correct? I don't think so.
On the back side of the FOID, paragraph "b" reads "Any person within this State who transfers or causes to be transferred any firearm shall keep a record of such transfer for a period of 10 years from the date of transfer." I don't see anything about an exemption if the firearm is transferred to a FFL dealer. Maybe I'm missing something.
Link Posted: 12/31/2005 10:53:40 AM EDT

Originaly posted by Matlock
The law refers to transfer between private citizens in Illinois. You must be talking about a different law. Any chance you can find it somewhere? I don't believe the laws under the FOID Card Act apply to out of state transactions to an FFL.



Sleepercaprice1 is right.

Cradddock

Sensible people have given sensible advice. If you insist on splitting hairs with you own interpretation then why bother to ask.

In fact the Transfer info of the FOID act is in two parts. A and motherfuckin B. While A has to do with person to person within the state transfers. Motherfuckin B is all about record keeping and has language that includes out of state transfers under the record keeping.

www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1657&ChapAct=430%26nbsp%3BILCS%26nbsp%3B65%2F&ChapterID=39&ChapterName=PUBLIC%2BSAFETY&ActName=Firearm%2BOwners%2BIdentification%2BCard%2BAc­t%2E

430 ILCS 65/3) (from Ch. 38, par. 83?3)
(Text of Section from P.A. 94?6)
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 a currently valid Firearm Owner's Identification Card which has previously been issued in his name by the Department of State Police under the provisions of this Act. In addition, all firearm, stun gun, and taser transfers by federally licensed firearm dealers are subject to Section 3.1.
(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. Such record 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. On demand of a peace officer such transferor shall produce for inspection such record of transfer.


This means if the transfer was completed out of state you have to record it. Mailing to An FFL is of course legal. It is also completing a transfer out of state. Record can just mean name address and Ph#.

Unless some one is made of “straw”, keeping a three ring binder of all your incoming and out going firearms purchases is not a burden. It doesn’t even compare with the rigors of a FFL bound book.

JR
Link Posted: 12/31/2005 11:38:17 AM EDT
I ran this by a friend who happens to be an attorney as well as an avid shooter. He told me that his understanding was that a record had to be kept for 10 years minumum.
He also told me and interesting story. Some time ago, he traded in a pistol to a gun shop. Several years later, he was contacted by a police agency requesting information about the gun. The gun had been recovered at a crime scene.
Best he could figure was that the LE agancy went to the manufacturer with the serial number and traced it from there. Manufacturer to distributor to gun shop to buyer, etc. My friend was very happy to be able to document where he sold the gun, otherwise he could be a potential suspect in the crime.
For your own protection, keep a record of your firearm transactions.
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