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State Law (IL) – Background Check Delay

posted on January 18, 2019

Q: We have an issue in Illinois. The Illinois state police do the NICS check for dealers. There is state law in place for this but I am uncomfortable. We (the dealer) initiate a transaction with the ISP when a customer purchases a firearm. The law says a waiting period of 24 hours (long gun) and 72 hours (handgun) starts at this time. We get a “transaction” number every time. Sometimes approval is immediate. Sometimes (currently) transactions are being held past the wait period. This has progressively gotten worse over the last few years. We have customers that are waiting up to 5 days or more for an approval. We (the dealer) have been told that a firearm can not be transferred without approval. I believe that this is a rule not law that has been instituted by ISP. Question: When can I transfer the firearm legally? : Must I have an approval number? Currently we have been waiting for the approval number for fear of transferring a firearm illegally. We had a customer open a case with the NRA and contacted John Caveletto our state representative.

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