Illinois SB 1899:
Weapons Diversion FOID Eligibility

Senate Bill 1899, signed into law as Public Act 104-0398 by Governor JB Pritzker, created a new pathway for first-time, nonviolent weapons offenders to obtain a Firearm Owners Identification (FOID) card upon successful completion of a court-approved diversion program and receipt of a court order demonstrating completion, if otherwise eligible to receive the card. The law took effect on January 1, 2026, and amends the Unified Code of Corrections by changing Section 5-6-3.6 and adding Section 5-6-3.7.^[1]

Background and Purpose

Under SB 1899, defendants must successfully complete the diversion program and receive a court order demonstrating completion before submitting a FOID application to the Illinois State Police (ISP). The First Time Weapon Offense Program lasts at least 6 months and no more than 24 months.^[2]

SB 1899 was proposed by Cook County State's Attorney Eileen O'Neill Burke and passed the Illinois House by a vote of 97 to 11. Both the Illinois State Police and the Cook County Public Defender's Office supported the legislation.^[1]

Who Qualifies

SB 1899 permits a State's Attorney to request an appropriate diversion program for a qualifying weapons charge punishable as a Class 4 felony or lower. The following criteria apply specifically to the First Time Weapon Offense Program.^[2]

• First-time offender (multiple bars apply): The person must have no prior convictions, probation, or conditional discharge for violent offenses, and no prior juvenile adjudication for a violent offense. Prior successful completion of this diversion program and any active order of protection against the defendant are also disqualifying under PA 104-0398.
• Qualifying weapons charge The underlying charge must be punishable as a Class 4 felony or lower. Class 4 is the lowest felony classification for weapons offenses in Illinois. The ordinary sentence of imprisonment is 1 to 3 years, and an extended term is 3 to 6 years.
• Court-approved diversion. The person must successfully complete a court-approved diversion program, such as the First Time Weapon Offense Program, and receive a court order demonstrating completion before submitting a FOID application.
• Offense class and character: For the First Time Weapon Offense Program, the qualifying weapons offense must be punishable as a Class 4 felony or lower and must not have been committed during a violent offense. The statute does not specifically categorize automatic weapons. Eligibility also depends on the other exclusions in subsection (b).

The First Time Weapon Offense Program excludes individuals with prior convictions, probation, or conditional discharge for violent offenses, prior successful completions of that Program, prior juvenile adjudications for violent offenses, or an existing order of protection. It also excludes those charged with felonies higher than Class 4 and those whose weapons offense occurred during a violent offense.

How the Diversion Pathway Works

SB 1899 added express FOID application provisions for defendants who successfully complete a qualifying diversion program and receive a court order demonstrating completion.^[1]

• Upon court completion order: When the court issues an order confirming successful completion of the diversion program, the defendant becomes eligible to apply for a FOID card with the ISP. Under 730 ILCS 5/5-6-3.7, eligibility to apply attaches upon successful completion of the diversion program, and the ISP acts on the application once completion is documented.
• ISP review. Under PA 104-0398, the Illinois State Police shall issue a FOID card upon receiving a court order demonstrating completion if the person is otherwise eligible. Under 430 ILCS 65/5, applications must be approved or denied within 30 days from receipt, except as provided in subsections (b) and (c).

The ISP shall issue the card upon receiving a court order demonstrating completion if the person is otherwise eligible to receive it. Approximately 2,000 individuals statewide complete such diversion programs each year.^[1]

Program Requirements

Participants in the First Time Weapon Offense Program must meet the conditions imposed under 730 ILCS 5/5-6-3.6. Those conditions require participants to meet the following obligations.

• Not violate any criminal statute
• Refrain from possessing a firearm or other dangerous weapon
• Attend and participate in counseling, check-ins, and educational programming deemed required by the Program administrator

The First Time Weapon Offense Program may impose additional conditions, including obtaining or attempting to obtain employment, educational programs, drug testing, and community service. The First Time Weapon Offense Program lasts at least 6 months and no more than 24 months, as determined by the court at the recommendation of the Program administrator and the State's Attorney. Upon violation of a term or condition of the Program, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided by law. The FOID application pathway requires successful completion of the Program and receipt of a court order demonstrating completion.

Interaction with the FOID Act (430 ILCS 65)

SB 1899 modifies the FOID application process but does not change the underlying eligibility requirements of 430 ILCS 65. All standard FOID eligibility criteria remain in full force:^[1]

• The ISP retains full authority to deny any application if the person remains ineligible for a FOID card under existing law
• The ISP must continuously monitor relevant State and federal databases for firearms prohibitors and correlate those records with FOID card holders, as allowed by State and federal law
• The applicant must still meet the age, residency, and disqualification standards set out in Section 8 of the FOID Act

SB 1899 provides for a FOID application after successful completion of diversion and receipt of a court order demonstrating completion, while preserving the existing grounds for denial or revocation. If the applicant has other disqualifying conditions, such as a domestic violence conviction, an active order of protection, or a mental health adjudication, the ISP will deny the application regardless of diversion completion.^[2]

Scope and Limitations

It does not create a general right for convicted felons to obtain FOID cards or change the felony disqualification, which remains subject to the relief provisions of 430 ILCS 65/10. The First Time Weapon Offense Program defers judgment and requires dismissal upon successful completion. Section 5-6-3.7 also covers an appropriate diversion program for qualifying weapons charges punishable as a Class 4 felony or lower. A person who fails the diversion program and is subsequently convicted of the felony would remain ineligible for a FOID card under the standard disqualification rules of 430 ILCS 65/8.^[4]

Practical Impact

SB 1899 does not prohibit the Illinois State Police from denying an application for or revoking a FOID card as provided by law.^[1]