A felony gun charge in Illinois can end your right to own a firearm, cost you your FOID card, and leave a permanent felony record — even when the charge is simple possession with no violence, no victim, and no prior record. For exactly that kind of defendant, Illinois law offers a way out that most people charged in Joliet and Will County have never heard of: the First Time Weapon Offense Program, commonly called first offender gun probation, under 730 ILCS 5/5-6-3.6.
Complete the program, and the court dismisses the case. No conviction is entered. And under a recent change in the law, a court order showing you finished the program even reopens the door to a FOID card. But the program has strict eligibility rules, it requires the prosecutor’s agreement, and it can be used only once. Here is how it works today, after the significant overhaul the General Assembly made in 2023 and refined through 2025 and 2026.
What Is First Offender Gun Probation in Illinois?
The First Time Weapon Offense Program is a deferred-judgment program for first-time, non-violent weapons possession charges. You plead guilty, but the court does not enter a judgment of conviction. Instead, it places you in the program for a set period and defers all further proceedings. If you complete the program’s conditions, the statute directs the court to “discharge the person and dismiss the proceedings.” If you violate them, the court can enter judgment on your original guilty plea and sentence you as a convicted felon.
The statute is explicit about the key point: a sentence under this program “is not a conviction for purposes of this Act or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime unless and until judgment is entered.” In practical terms, a completed program means no felony conviction on your record — the same structure Illinois uses for Second Chance Probation on other first-time felonies.
Which Gun Charges Qualify?
The program is limited to two categories of charges, and only at the lowest felony level:
- Unlawful Use of a Weapon (UUW) under 720 ILCS 5/24-1
- Aggravated Unlawful Use of a Weapon (AUUW) under 720 ILCS 5/24-1.6
In either case, the charge must be punishable as a Class 4 felony or lower. Class 4 is the least serious felony class in Illinois — but a Class 4 gun conviction in Will County still carries one to three years in prison and a permanent felony record, which is why the program matters to defendants in Joliet. Charges that are elevated to Class 3 or higher, or that involve firing a weapon or using it in another crime, are outside the program. Our unlawful use of a weapon page explains how these charges are classified.
Who Is Eligible — and Who Isn’t
Eligibility turns on your history and the circumstances of the charge. You are not eligible if:
- The weapon offense was committed during a violent offense
- You have ever been convicted of, or placed on probation or conditional discharge for, a violent offense — in Illinois, any other state, or federal court
- You were adjudicated delinquent as a juvenile for a violent offense
- You have already completed this program once
- There is an existing order of protection against you
The statute defines “violent offense” broadly: any offense involving bodily harm or the use or threat of force, any offense involving possession of a firearm or dangerous weapon, sex offenses, violating an order of protection, stalking, hate crimes, domestic battery, and any domestic violence offense. A prior conviction in any of those categories closes the door.
One important change: the program was originally limited to defendants under 21. That age restriction was eliminated in 2023. Today, an eligible first-time defendant of any age can be considered.
The Prosecutor Has to Agree
This is the part that decides most cases. The court may place you in the program only “with the consent of the defendant and the State’s Attorney.” A judge cannot order it over the prosecution’s objection. The statute does give the court a framework for the decision — it directs judges to weigh the defendant’s age, immaturity, or limited mental capacity; the nature and circumstances of the offense; whether the program serves the defendant’s rehabilitation, including employment, education, and community involvement; documented trauma; and the risk to public safety. But securing the State’s Attorney’s agreement is the real work, and how your case is presented to the Will County State’s Attorney’s Office determines whether the program is ever on the table in a Joliet courtroom.
What the Program Requires
The program lasts at least 6 months and no more than 24 months, set by the court on the recommendation of the program administrator and the State’s Attorney. The 2023 overhaul cut the old 18-month minimum to 6 months. It also narrowed the mandatory conditions to three:
- Do not commit any new criminal offense in Illinois or any other jurisdiction
- Do not possess a firearm or any other dangerous weapon
- Attend and participate in program activities the administrator requires, such as counseling, check-ins, and educational classes
Other conditions — obtaining employment, working toward a diploma or GED or vocational training, drug testing, community service, and paying fines and costs — are now discretionary, imposed case by case rather than automatically. That is a meaningful shift from the original version of the program, which made most of them mandatory.
The Payoff: Dismissal, and a Path Back to Your FOID Card
Finish the program and the charge is dismissed with no conviction entered. Beyond that, a provision added to the statute in recent amendments addresses the consequence gun owners care about most: upon successful completion, you may apply for a Firearm Owner’s Identification Card by presenting a court order demonstrating completion, and the Illinois State Police “shall issue” the card if you are otherwise eligible. The State Police keep their normal authority to deny or revoke a FOID card on other grounds, but a completed program itself no longer stands in the way — something a felony conviction would have foreclosed permanently.
Because the case ends in dismissal, the arrest and charge may also become eligible for expungement after a waiting period. The timing rules for deferred-sentencing programs differ from ordinary dismissals, so review that timeline with an attorney rather than assuming the record clears immediately. Our expungement and record sealing page covers the process.
The Limits: Once, and a Five-Year Lookback
Two constraints are worth understanding before you rely on this program. First, there may be only one discharge and dismissal under this section — a prior completion makes you permanently ineligible. Second, if you are convicted of any offense committed within five years after your discharge, the dismissed case can be used against you as evidence in aggravation at sentencing. The program removes the conviction; it does not erase the history for sentencing purposes if you reoffend.
Why the Right Attorney Matters Here
Because the program requires the State’s Attorney’s consent and is available only once, getting into it is a matter of negotiation and presentation — and the presentation has to address exactly the factors the statute tells the judge to weigh. Attorney Jack Zaremba is a former Will County prosecutor who has evaluated these cases from the other side of the table at the Joliet courthouse, and a former Illinois Assistant Attorney General. He knows what persuades a prosecutor to agree to a diversion and how to position a first-time client as the person this program was written for.
If you are facing a first UUW or AUUW charge in Will County, find out early whether the First Time Weapon Offense Program is an option — before you plead to anything. Learn more about our weapons charges defense, or contact the Law Offices of Jack L. Zaremba in Joliet for a free consultation.
Frequently Asked Questions
Is first offender gun probation a conviction in Illinois?
No, not if you complete it. You plead guilty, but the court defers judgment under 730 ILCS 5/5-6-3.6. Successful completion ends in discharge and dismissal, and the statute states the sentence is not a conviction unless and until judgment is entered.
Do you have to be under 21 for the First Time Weapon Offense Program?
Not anymore. The original program was limited to defendants under 21, but that age restriction was removed in 2023. Eligibility now depends on the charge and your record, not your age.
Which gun charges qualify for the program?
Unlawful Use of a Weapon (720 ILCS 5/24-1) and Aggravated Unlawful Use of a Weapon (720 ILCS 5/24-1.6), but only when punishable as a Class 4 felony or lower. Higher-class charges and offenses involving violence do not qualify.
Does the prosecutor have to agree to first offender gun probation?
Yes. The court may impose the program only with the consent of both the defendant and the State’s Attorney. A judge cannot order it over the prosecution’s objection, which is why how your case is presented matters so much.
How long does the First Time Weapon Offense Program last?
Between 6 and 24 months, as set by the court on the recommendation of the program administrator and the State’s Attorney. The 2023 changes reduced the minimum from 18 months to 6.
Can I get my FOID card back after completing the program?
The statute now provides that, upon successful completion, you may apply for a FOID card with a court order demonstrating completion, and the Illinois State Police shall issue it if you are otherwise eligible. Normal FOID eligibility rules still apply.
This post is for informational purposes only and does not constitute legal advice. Results vary by case.