Illinois Public Act 104-0398, enacted from Senate Bill 1899 and signed by Governor Pritzker on August 15, 2025, created a pathway for certain first-time gun possession offenders to obtain a Firearm Owner's Identification (FOID) card while participating in a court-ordered diversion program. The law took effect January 1, 2026, and amends the Unified Code of Corrections at 730 ILCS 5/5-6-3.6 and adds new Section 5-6-3.7.[1]
Who Qualifies
The diversion program FOID pathway applies to defendants charged with unlawful possession of weapons under Section 24-1 of the Criminal Code, or aggravated unlawful use of a weapon under Section 24-1.6, where the offense is punishable as a Class 4 felony or lower. A Class 4 felony is the lowest felony classification in Illinois, carrying a potential sentence of 1 to 3 years in prison. The most common qualifying scenario is a person found in possession of a firearm without a valid FOID card who has no history of violence.
A defendant is ineligible for the diversion program pathway if any of the following apply:[1]
- The offense was committed during the commission of a violent crime
- The defendant has a prior conviction for a violent offense
- The defendant has previously completed this or a similar diversion program
- The defendant was adjudicated delinquent for a violent offense as a juvenile
- An existing order of protection is in effect against the defendant
The law also explicitly excludes offenses involving automatic weapons.
What the Diversion Program Involves
A State's Attorney has discretion to request that a qualifying defendant be sentenced to a court-approved diversion program rather than face standard felony prosecution. Under the First Time Weapon Offense Program (730 ILCS 5/5-6-3.6), the program lasts between 6 and 24 months. Participants must comply with the following conditions:[1]
- No possession of a firearm or weapon during the program
- Participation in counseling and educational programs
- Completion of community service requirements
- Active employment efforts
- Drug testing compliance
- Payment of all fines and costs
Successful completion results in dismissal of the underlying charge. The diversion program is not a conviction -- the defendant's record does not carry a felony if the program is completed.
Applying for a FOID Card During Diversion
Before the passage of Public Act 104-0398, a person in a diversion program for a gun possession offense could not obtain a FOID card until after the program was complete and charges were formally dismissed. This created a gap: someone who qualified for FOID under all standard criteria had to wait months after successfully completing the program before they could legally own a firearm. The new law closes this gap.
Under 730 ILCS 5/5-6-3.7, a person sentenced to an appropriate diversion program may submit a FOID application before receiving the court order demonstrating completion. The Illinois State Police must then approve or deny the application within 10 business days of receiving either a court order or written notification from a State's Attorney confirming the person completed the program.[1]
The 10-business-day window is a strict statutory deadline. Standard FOID applications can take 30 days or longer to process. The accelerated timeline reflects the legislature's intent to allow successful diversion graduates to quickly obtain legal access to firearms.
FOID Denial After Diversion
Completion of a diversion program does not guarantee FOID issuance. The statute explicitly preserves ISP's authority to deny or revoke a FOID card as provided by existing law. If a person remains ineligible under the FOID Act (430 ILCS 65) -- for example, because of a disqualifying mental health record, a separate conviction, or an active protection order -- ISP may deny the application even after diversion program completion.
Standard FOID disqualifiers continue to apply, including prior felony convictions, adjudications of mental illness, active protection orders, domestic violence convictions, and drug addiction. The diversion program creates a pathway to apply, not an entitlement to receive.
Practical Implications
Approximately 2,000 people complete gun-related diversion programs in Illinois each year, primarily through programs in Cook County and the collar counties. Before this law, many of these individuals -- having no prior violence history and having successfully completed their program -- faced delays of months before they could legally possess or purchase a firearm. The law is intended to reduce the period of legal limbo and to align FOID eligibility more closely with successful program completion.
The legislation was championed by Cook County State's Attorney Eileen O'Neill Burke, who argued that people who complete diversion programs should be able to obtain legal firearms quickly rather than remaining in a gray area that can encourage illegal acquisition. It was sponsored by State Senator Elgie R. Sims Jr. and State Representative Justin Slaughter.[2]
Connection to FOID Eligibility
This law does not change who is eligible for a FOID card -- all standard eligibility requirements under 430 ILCS 65 remain in effect. It changes only when a person in a diversion program can apply and how quickly ISP must act on that application. For the complete list of FOID disqualifiers and eligibility requirements, see Illinois FOID Card Eligibility Requirements and Disqualifiers.