Illinois FOID Card Diversion Program for First-Time Gun Offenders

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 upon successful completion of 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 possession 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. Its ordinary prison term is 1 to 3 years, and an extended term is 3 to 6 years.

The following conditions make a defendant ineligible for the First Time Weapon Offense Program.^[1]

• The offense was committed during the commission of a violent crime
• The defendant has previously been convicted or placed on probation or conditional discharge for any violent offense under Illinois law, another state's laws or federal law
• The defendant has previously completed the First Time Weapon Offense Program successfully
• The defendant was adjudicated delinquent for a violent offense as a juvenile
• An existing order of protection is in effect against the defendant

Machine-gun offenses under Section 24-1(a)(7)(i) fall outside this pathway because they are punishable as a Class 2 felony or, in the specified loaded-weapon circumstances, a Class X felony.

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 program's required conditions, while community service, employment efforts, drug testing and payment obligations may also be imposed.^[1]

• No possession of a firearm or other dangerous weapon during the program
• Participation in activities required by the program administrator, which may include counseling or educational classes
• Perform community service, if required by the program
• Obtain or attempt to obtain employment, if required by the program
• Submit blood or urine samples for illicit drug tests, if required by the program
• Pay all fines, assessments, fees and costs, if required by the program

Successful completion results in dismissal of the underlying charge. A sentence under this Section is not a conviction for purposes of the Unified Code of Corrections or disqualifications or disabilities imposed by law upon conviction of a crime unless and until judgment is entered. A disposition of probation is considered a conviction for imposing probation conditions and for appeal.

Applying for a FOID Card After Diversion

Before Public Act 104-0398, the First Time Weapon Offense Program already required defendants to refrain from possessing a firearm or other dangerous weapon and provided for discharge and dismissal upon fulfillment of the program's terms and conditions.

Under 730 ILCS 5/5-6-3.7, a person may submit a FOID application after successfully completing an appropriate diversion program and receiving a court order demonstrating completion. The Illinois State Police must issue the card upon receiving the court order if the person is otherwise eligible, subject to the denial and revocation rules provided by law.^[1]

Sections 5-6-3.6 and 5-6-3.7 do not set a separate 10-business-day deadline. Under the FOID Act, ISP must approve or deny ordinary applications within 30 days of receipt, with separate rules for renewals and concealed carry license holders. The diversion provisions require a court order demonstrating completion and preserve the other FOID eligibility requirements.

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 felony convictions, addiction to narcotics, adjudication as a person with a mental disability, protective orders, and convictions for domestic battery or aggravated domestic battery or a substantially similar offense in another jurisdiction. The Illinois State Police shall issue a FOID card upon receiving the court order if the person is otherwise eligible.

Practical Implications

The Cook County State's Attorney's Office reported on June 3, 2025 that about 2,000 people statewide typically complete a diversion program such as the First Time Weapon Offense Program every year. The office described the legislation as eliminating the lag between successful program completion and the ability to apply for a FOID card.

The legislation was championed by Cook County State's Attorney Eileen O'Neill Burke, who said it would expand options for certain low-risk defendants who had taken tangible steps to follow the law. 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 provides a FOID application pathway after program completion and receipt of the court order. For the complete list of FOID disqualifiers and eligibility requirements, see Illinois FOID Card Eligibility Requirements and Disqualifiers.