COOK COUNTY STATE’S ATTORNEY EILEEN O’NEILL BURKE’S PROPOSAL ON FELONY GUN POSSESSION DIVERSION PROGRAM SIGNED INTO LAW
New law improves process for first-time offenders in non-violent, low-level gun possession cases to obtain FOID card upon successful compliance with a diversion program
CHICAGO — A measure championed by Cook County State’s Attorney Eileen O’Neill Burke that will streamline the process for first-time nonviolent offenders charged in the lowest-level felony gun possession cases to come into compliance with state possession requirements for firearms has been signed into law by Gov. JB Pritzker. The new law, sponsored by State Senator Elgie R. Sims Jr. (17th District – Chicago) and State Representative Justin Slaughter (27th District – Chicago), allows eligible offenders to participate in a court-approved diversion program and apply for their Firearm Owner's Identification (FOID) Card when all conditions of the program have been met. State’s Attorney (SA) Burke advocated for the new law during the first legislative session of her tenure, reflecting her administration’s chief priority of reducing unacceptable levels of gun violence and strategically channeling resources to address the most violent crimes.
“There is no more important goal for my office than combatting gun violence and stopping illegal weapons from destroying lives and communities. To be successful, we must be intentional about reserving law enforcement and court resources to address the most violent crimes while also ensuring that other demands of the criminal justice system are met. This legislation allows us to fight crime effectively; we treat gun licensing issues for those who have demonstrated a commitment to following the law very differently from reckless offenders who engage in violent crime. I am grateful to Sen. Sims, Rep. Slaughter, and our other legislative partners who worked to get this important bill past the finish line,” State’s Attorney Burke said.
Introduced as Senate Bill (SB) 1899, the now-signed legislation was supported by both the Illinois State Police and the Cook County Public Defender’s Office. Prior to its passage, offenders charged in certain low-level gun possession cases could only apply for a FOID card after completing a diversion program. The new law allows eligible offenders to submit their applications during the course of the diversion program and receive it upon completion, eliminating the lag that had previously existed. The State’s Attorney’s Office typically dismisses charges in nonviolent, straightforward licensing cases after an individual completes a diversion program.
SB 1899 amends the Unified Code of Corrections and applies only to certain individuals: first-time offenders charged with a Class 4 felony, the lowest class of felony charges for weapons. Under Illinois law, residents must apply for and obtain a FOID card from the Illinois State Police, which oversees licensing and reviews all requests to ensure applicants are qualified. The measure does not apply to charges related to automatic weapons.
All of the current requirements for lawful gun ownership remain the same, and ISP could deny any application if the person remains ineligible for a FOID card. Individuals remain subject to all background checks and regulations. About 2,000 people statewide typically complete a diversion program such as the First Time Weapons Program every year.
“The changes implemented in SB 1899 provide citizens a structured pathway to succeed and follow responsible gun ownership laws. The law expands access to rehabilitation while upholding gun safety laws, maintains law enforcement oversight, strengthens public safety through legal compliance and ultimately reduces recidivism and supports successful reintegration,” Rep. Slaughter said.
“We are taking a balanced approach to recognize people can learn from their past mistakes and deserve a second chance to move forward,” Sen. Sims said. “Diversion programs acknowledge rehabilitation and help many people while ensuring existing safeguards remain firmly in place.”
SB1899 takes effect on Jan. 1, 2026.
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