The Weapons You Can Use For Self-Defense In Illinois

A Primer On Illinois’ Self-Defense Laws

An additional source is the state’s Criminal Code, which includes provisions that define a person’s right to use self-defense in specified circumstances. For example, a statute criminalizes a person’s use of force in self-protection when that person has been engaged in reckless or unlawful conduct that is likely to provoke a strong reaction in others (720 ILCS 5 / 7-4). Personal provocation must be more than just words; it may involve a real, immediate, and serious physical harm to the individual or another, or a threat of such harm. In cases of self-defense, the person acting in self-defense may not be the initial aggressor in a dispute.
A person may legally use force against someone who is trying to commit a crime against another , or who is inflicting or threatening serious harm. The law requires that the use of immediate force must be proportional to the level of threat. Importantly, a person must generally attempt to retreat from an aggressor before resorting to the use of force, when the situation will allow for retreat without endangering him or herself, others, or property. Exceptions to this rule include situations where the person believes he or she is defending him or herself or another (720 ILCS 5 / 7-3), intervening to stop someone from committing a crime (720 ILCS 5 / 7-2), responding to a physically aggressive attack by an intruder, or defending against intruders or those working under an intruder’s authority in a person’s home or dwelling (720 ILCS 5 / 7-2.5).

What Weapons May You Use

As Illinois does not recognize a general castle doctrine or stand your ground law to justify a defensive force in every situation, civilians are well advised to be familiar with permitted self-defense weapons. Unlawfully using deadly force could lead to serious legal consequences for the defender.
Pepper Spray
The law in Illinois does not prohibit personal use of pepper spray as long as the compound is under a specified size and concentration amount. Keep in mind that larger than allowed amounts, or higher concentrations are against the law in Illinois and fall within the definition of an illegal weapon. In addition, a person who sells or purchases pepper spray with the intention of using the product as an offensive weapon is guilty of a Class 3 felony.
Stun Guns and Tasers
Stun guns and tasers are not considered firearms under the statute and are legal in the state. The stun guns do not cause burns or permanent injury. While legal to have, bear in mind any use of the device that injures an attack may haive a legal consequences.
Personal Alarms
Personal alarms are legal to carry. But the defendant who uses a personal emergency alarm, like triggering a panic button, to ward off an attacker will not necessarily get a pass at trial. The defendant may still be guilty for the injuries they caused while using a panic button if the injuries were reckless or criminally negligent.
Lethal Weapons
If you have obtained a Firearm Owner Identification card, you can legally possess the following weapons: Pepper spray and stun guns may only amount to simple misdemeanors. If you decide to use any permitted weapon and it results in serious injury or death, you could be prosecuted for aggravated assault or homicide. The law does not take into account if you were acting in self-defense when you committed an injury upon a third party.

Prohibited Weapons, and Penalties For Possession

When it comes to the use of legal self-defense weapons in Illinois, certain weapons are prohibited for use in defending yourself against an aggressor. These include:
Under Illinois law, any person who possesses or knowingly delivers a prohibited weapon or device may be charged with a Class 2 Felony. Both the delivery and possession of any other illegal weapon (other than a restricted projectile) is classified as a Class 4 Felony.
The possession and delivery of firearm ammunition or armor piercing ammunition capable of penetrating metal or body armor are charged as Class 1 Felony offenses.
A person convicted of a Class 2 Felony may be sentenced to three to seven years of imprisonment. A Class 4 Felony carries a sentence of one to three years in prison.
A conviction designed to unlawful possession of firearms what are considered illegal weapons is usually classified as a Class A Misdemeanor. These convictions are typically punishable by up to one year in jail and/or fines of $2,500.

Permits, Legalities, and Getting A License

For legal self-defense weapons such as stun guns and knives, there are typically no permits, licenses, or fees, although it is important to be aware of local ordinances that may impose restrictions. These restrictions tend to address items such as the number of knives on your property and whether you need to have your knives registered with a municipal office. There are no permits or licenses needed for legally owned handguns in Illinois , however gun owners must obtain a Firearm Owners Identification card (FOID) before purchasing their weapons. There is a $10.00 fee associated with obtaining a FOID and gun owners must successfully pass a background check.
While the law does not require gun owners to have any form of training or certification, it is strongly encouraged for personal safety. Although it is possible to obtain a concealed carry permit without taking a class, the vast majority of gun owners find that taking a concealed carry because it imparts invaluable information and training about how to safely handle a handgun in any environment.

Cases and Interpretations

Understanding Local Laws
The case of People v. Herman (2013 IL App.) illustrates the outcome of a self-defense scenario involving a stun gun. In this case, Herman used a 5,000 volt stun gun on a man repeatedly stabbing him and his girlfriend. The stun gun was charged when the attack began, and had an active electrical current during the melee. As the attacker was lying on the ground after being incapacitated, he was struck by a second jolt as Herman apparently released the stun gun’s safety switch. That second jolt resulted in the attacker’s death from cardiac arrest. Herman was charged with first-degree murder and ultimately acquitted by a jury at trial.
While the majority of legal cases involve the use of conventional guns or knives, self-defense weapons such as stun guns and pepper spray have seen legal application as well. Knecht v. United States (2013) saw a plaintiff file suit for damages under the Illinois Tort Immunity Act after being attacked with pepper spray by a citizen attempting to make a legal arrest. The Illinois Supreme Court ruled for the plaintiff, awarding him $40,000 in damages. While the assault complaining of police negligence fell through on appeal for not proving basic elements of duty, the defendant’s use of pepper spray to disable his assailant resulted in a lengthy civil settlement.

Safe Ownership and Use

Owning and using a legal self-defense weapon can be a practical and proactive way of protecting yourself in Illinois. However, responsible ownership and knowledgeable use are crucial to ensure the laws associated with these weapons are not violated. Below are some important best practices to keep in mind. For a legal self-defense weapon such as a knife, stun gun, pepper spray, or taser, you should be comfortable using it ahead of time. Before using any of these weapons in Illinois, you have to understand the law. You can only legally use these weapons when you reasonably believe they are necessary to defend yourself from an "imminent threat of unlawful force upon you that can result in great bodily harm." Greater understanding of the law surrounding the use of deadly force, therefore, helps you to determine an imminent threat. Additionally, you need to know how the weapon works. You’ll want to explore various techniques and become proficient at using these weapons. While you don’t need to obtain a weapon permit and undergo a formal training course , it’s a good idea to incorporate informal training and research into your general preparation and understanding of how to defend yourself. Where you store your legal weapon is very important, especially if you have pets or children. You’ll want to keep the weapons secure and hidden while also being easy to access in the event of an emergency. For example, if you own a firearm, you might consider original packaging such as an in-home safe. Other options include biometrically activated locks, trigger locks, and separately stored ammunition. Knife storage options include various holsters or a general knife case that holds all of your knives. In addition to exploring physical storage solutions, you’ll want to avoid verbally advertising your weapon or boasting about it on social media. Doing so could imply to nearby parties the potential use of your weapon, and even if you are justified in your use of legal self-defense weapons, social media posts could lead law enforcement to think otherwise.