Three diversion programs now offer alternatives to prosecution in cases where licensing is often the main issue, though a relatively small number of cases are being referred to them.
The Cook County legal justice system has traditionally taken a punitive approach to nonviolent gun possession cases, where licensing is often the central issue.
For some, carrying an unlicensed gun feels necessary to protect their immediate safety. For others, the barriers to obtaining a license—including cost and significant processing times—prevent them from obtaining the necessary paperwork to own a gun legally.
Recently, state and federal legislation has been passed to establish diversion programs—court-supervised alternatives to incarceration that emphasize a restorative justice approach—that offer specialized programming instead of a prosecution-focused model.
Three diversion pathways are now available for some nonviolent gun possession cases in Cook County, but a relatively small number of cases are being referred to the programs.
A historically punitive system
Last year, there were nearly 3,000 Chicago Police Department (CPD) arrests for the two most common nonviolent gun possession charges: Unlawful Possession of a Weapon (UPW) or Aggravated Unlawful Possession of a Weapon (AUPW).
More than half of CPD arrests for weapons offenses that year fell into those categories, according to the Cook County Justice Dashboard.
A first-time charge for UPW is punishable by up to one year in prison, while a first-time charge for AUPW often carries a sentence of at least one to three years in prison.
UPW is when an individual is accused of carrying or possessing a firearm without the required licensing in Illinois. A Firearm Owner’s Identification (FOID) is needed to possess a firearm, while a Concealed Carry License (CCL) is also necessary to carry it in public.
A charge for AUPW has the same characteristics as UPW with at least one “aggravating factor,” such as a past felony conviction or the firearm in question being “immediately accessible,” often classified as meaning the firearm is loaded and within “easy reach.”
The historically punitive approach to such charges has disproportionately impacted nonwhite Cook County residents.
Between 2011 and 2024, 97 percent of people charged, convicted and incarcerated for gun possession were Black and Latino, according to a report from the Chicago Appleseed Center for Fair Courts.
The role of the prosecutor
Diversion programs are usually offered pre-plea or post-plea—the latter requiring an individual to plead guilty before participating—and successful completion normally results in the dismissal of charges.
To participate in any of the three programs in Cook County, a prosecutor must consent to the individual participating.
Addressing gun violence has been a key priority for Cook County State’s Attorney Eileen O’Neill Burke, the elected chief prosecutor in the county, since she took office in December 2024.
Burke has committed to “appropriate diversion opportunities” for certain nonviolent gun possession cases, though a small number of cases have been referred to diversion programs.
In the two months after the Gun Accountability Program (GAP) was established in 2026, just over 100 nonviolent gun possession cases were referred to the three diversion programs.
That’s nearly half as many as were referred to the First-Time Weapon Offense Program (FTWOP) alone in the same period last year when it was the only diversion option available in practice.
Gun Accountability Program (GAP)
The program was initiated in April 2026 following the passage of a bill in Springfield last year that was supported by Burke.
Those over 21 years old and charged with the first time for UPW or AUPW are eligible for the GAP pre-plea.
Participants appear regularly before the GAP court and complete gun education modules as part of the nine to 12-month program, during which participants can also apply for a FOID.
During the program’s first two months, 82 cases were accepted, according to Cook County State’s Attorney’s Office data received by The Chicago Reporter.
First Time Weapon Offense Program (FTWOP)
Just 14 cases with a case file date within that same period were referred to FTWOP, according to Cook County State’s Attorney’s Office data received by The Chicago Reporter.
The FTWOP is a statewide initiative in Illinois available post-plea to an individual with a first time UPW or AUPW charge.
The program lasts from six to 24 months on a special term of probation and successful completion results in the dismissal of the relevant charge.
1,058 eligible cases with a case date listed in 2025 were admitted to the FTWOP, according to Cook County State’s Attorney’s Office data received by The Chicago Reporter.
Restorative Justice Community Courts (RJCCs)
The Restorative Justice Community Courts (RJCC) offer a pre-plea diversion alternative to people age 18 to 26 charged with a nonviolent felony or misdemeanor if there is no prior conviction for a violent offense and if responsibility is accepted for harm caused.
To qualify, participants must also live, work or worship in one of the four Chicago neighborhoods where there is currently an RJCC: North Lawndale, Avondale, Englewood and Sauk Village.
Nonviolent gun possession cases made up nearly 83 percent of all cases diverted to RJCCs in 2024, according to a joint report by the Chicago Appleseed Center for Fair Courts and Chicago Council of Lawyers.
In February 2025, Burke directed that nonviolent gun possession cases no longer be referred to RJCCs.
The decision meant that just 16 nonviolent gun possession cases were diverted to the RJCCs in 2025 compared to an annual average of 143 cases between 2022 and 2024, according to a recent report from the Chicago Appleseed Center for Fair Courts.
The Cook County State’s Attorney’s Office resumed referring nonviolent gun possession cases to RJCCs nearly one year later in January 2026.
So far in 2026, only 23 nonviolent gun possession cases entered the RJCCs, according to Cook County State’s Attorney’s Office data received by The Chicago Reporter.