Understanding Illinois’ First Offender Gun Probation Program: Eligibility, Requirements, and Benefits
By:attyjjames
Table of Contents
For those that have violated Illinois gun laws, there is still an option for the state’s First Offender Gun Probation Program. Illinois is one of the few states that require a Firearm Owner’s Identification Card (FOID) in order to purchase or possess a weapon. However, even if you have a FOID card, carrying a loaded firearm on your person or in your car is a Class 4 Felony, punishable by probation or a term in the Department of Corrections from one to three years.
If you would like to possess a loaded firearm anywhere outside your own home, or a residence that you were invited into, then you would need to apply for a Concealed Carry License (CCL), which requires a person to already have a FOID card and complete 16 hours of training. The CCL license is good for 5 years and in order to renew, you will need to take a 3 hour refresher course before reapplying with the Illinois State Police Firearm’s Bureau.
In Illinois, possessing a firearm without the required license or permit can lead to serious legal consequences. However, for first-time offenders charged with firearm-related offenses, there exists a unique opportunity known as the First Offender Gun Probation Program. This program aims to provide a pathway for eligible individuals to avoid the harsh penalties associated with firearm possession by offering a chance for rehabilitation and a clean record upon successful completion.
Originally, this probation was open only to individuals who were under 21 years of age. However, at the beginning of the year, the Illinois legislature removed the age cap and persons of any age that meet the eligibility requirements may be placed on this type of probation.
Gun Probation Eligibility Criteria:
To qualify for Illinois’ First Offender Gun Probation Program, individuals must meet specific criteria:
The State’s Attorney’s Office (Prosecutor) must consent – In order to receive this special probation, the court needs the consent of both the Prosecutor and the Defendant. If the Prosecutor does not consent, then the Defendant will not be able to receive the special probation.
Has not been previously convicted of a violent offense – For purposes of this Section, “violent offense” means any offense in which bodily harm was inflicted or force was used against any person or threatened against any person; any offense involving the possession of a firearm or dangerous weapon; any offense involving sexual conduct, sexual penetration, or sexual exploitation; violation of an order of protection, stalking, hate crime, domestic battery, or any offense of domestic violence.
The current charge is Unlawful Use of a Weapon (UUW) or Aggravated UUW – Additionally the offense must be non-violent in nature
Has not previously received probation under this statute: Applicants must be first-time offenders facing charges related to unlawful possession of a firearm or a firearm-related offense and have not previously completed a First Time Weapon Offense Probram.
Has not been adjudicated as a delinquent minor: Anyone who has been adjudicated as a delinquent minor for a violent offense will be ineligible for this probation.
No existing orders of protection: Individuals who are subject to a current order of protection are not eligible for the program.
Willingness to comply: Applicants must demonstrate a willingness to comply with the conditions of probation and successfully complete the program requirements.
Offense is charged as a class 4 felony or lower
Additional Considerations – In considering whether a defendant shall be sentenced to the First Time Weapon Offense Program, the court shall consider the following:
The age, immaturity, or limited mental capacity of the defendant;
The nature and circumstances of the offense;
Whether participation in the Program is in the interest of the defendant’s rehabilitation, including any employment or involvement in community, educational, training, or vocational programs;
Whether the defendant suffers from trauma, as supported by documentation or evaluation by a licensed professional; and
The potential risk to public safety.
Illinois Gun Probation Program Requirements:
Participants accepted into the First Offender Gun Probation Program are typically required to fulfill several conditions during a probationary period, which may include:
Program Length: The Program shall be at least 6 months and not to exceed 24 months, as determined by the court at the recommendation of the Program administrator and the State’s Attorney.
Regular Check-Ins: As with any type of probation, regular reporting to a probation officer will be required.
Stay Out of Trouble: Anyone admitted into the program will be required to not violate the law during the probationary period.
Refrain from using illicit drugs – This is subject to random testing at the discretion of the probation department.
Community Service – Completing a specified number of hours of community service.
Counseling or Treatment: Attending counseling sessions or completing substance abuse treatment programs if deemed necessary.
Firearm Surrender or Restriction: Surrendering any firearms owned or adhering to strict limitations on firearm possession during the probationary period.
Illinois Gun Probation Benefits of Participation:
Participating in the First Offender Gun Probation Program offers several significant benefits:
Avoiding Criminal Conviction: Even though this program requires participants to plead guilty, there will never be a conviction on their record, assuming that the participant successfully completes the program.
Record Expungement: Upon successful completion of probation, participants may be eligible to have their criminal record expunged five years after the successful completion of the probation. This would destroy all the documents related to the arrest and the charge.
Regain Firearm ownership rights: Participants may not possess firearms or dangerous weapons while in this program. However, after successful completion of the program, the charges will be dismissed and the participant will be able to apply for their FOID card and CCL.
Conclusion:
Illinois’ First Offender Gun Probation Program represents a proactive approach to addressing firearm-related offenses by offering eligible individuals a chance to avoid the severe penalties associated with such charges. By emphasizing rehabilitation and compliance with probationary conditions, the program aims to promote personal accountability while allowing participants to reintegrate into society with a clean slate upon successful completion. For those facing firearm-related charges in Illinois, exploring eligibility for this program with the assistance of legal counsel could potentially offer a path towards a brighter future free from the burden of a criminal conviction. Click the link to read the full Illinois First Offender Gun Probation Legislation.
