Intro to Legal Self-Defense Weapons in Illinois
Legal self-defense weapons are a critical consideration for many in Illinois. Gun violence has permeated urban communities, often forcing law-abiding citizens to find ways to protect themselves against individuals who are intent on doing harm. Law abiding citizens need to be able to match the level of force that a criminal is exerting to protect themselves and their loved ones. To make the situation more complicated Illinois law addresses self-defense with a convoluted statute that enumerates a variety of different contexts and potential weapons use. In addition Illinois, unlike most other states , provides affirmative defenses and immunity provisions that can affect the choices of weapons that a citizen may legally own.
In order to ensure that they are in compliance with Illinois law, law abiding citizens must familiarize themselves with the various nuances of the self-defense provision. This includes more than simply memorizing the statute. Under certain circumstances citizens are required to retreat as soon as they can do so safely. Purely physical self-defense can itself be deadly. Illegal use of pepper spray can be charged as a felony, and illegal use of stun guns can result in a felony conviction with enhanced penalties. There are also a number of exceptions that deem certain actions arising from use of weapons to be self-defense as a matter of law.
Pepper Spray & Mace Laws in Illinois
While not a "weapon" (as in single projectile pistol, rifle, or shotgun), another non-lethal means of self-protection in Illinois is authorized for use by citizens who have not been convicted of a prior felony: pepper spray, also known by the brand name "Mace" (a common mistake). These substances contain compounds that are members of the oleoresin capsicum group of chemical compounds, which is derived from the fruit or bark of certain species of chili peppers.
Pepper sprays can be a great alternative to guns since they are easy to carry and can slow down a violent attacker while leaving an opportunity for the victim to escape without death or injury. However, the law restricts the age of users of these products within the state.
As indicated in 430 ILCS 66/70 (from Ch. 127, par. 1907), Citizens possessing and/or using pepper spray (Self-Defense Spray) must not be less than 18 years of age.
Stun Guns and Tasers: Is It Legal To Carry Them In Illinois?
As per the above provisions, Illinois law permits stun guns and tasers for civilian use in Illinois. There are no permits, registration requirements or other restrictions on stun gun or taser use in Illinois.
830 ILCS 5/103. Definitions. Sec. 3. Definitions. In this Act: "Stun gun" means any device that is designed to be carried on or about a person, and is capable of emitting an electronic, magnetic, or other type of charge, which because of its size, configuration, or all other factors, is not readily capable of lethal use and is designed specifically for the purposes of incapacitating temporarily or permanently a person. "Taser" means any device that is designed to be carried on or about a person, and is capable of emitting an electronic, magnetic, or other type of charge, wirelessly transmitted impulse, or other similar means, which because of its size, configuration, or other factors, is not readily capable of lethal use and is specifically designed for the purpose of incapacitating temporarily or permanently a person. "Other type of charge or electronically transmitted impulse", as used in this definition, does not include a device that is designed to produce an audible sound or contain a light source or flashlight. "Firearm" means any device, by whatever name known, which, irrespective of method of operation, is designed to be used as a weapon, from which a projectile is wrongfully propelled by exploding a propellant.
Knives & Blades As Legal Self-Defense Tools In Illinois
When considering defensive weapons in Illinois, knives such as fixed blades, pocket knives, and machetes may come to mind.
Essentially, pocket knives that are not switchblades (or automatic knives), stabbing knives, daggers, dirks, and stiletto knives are lawful self-defense weapons in Illinois. Likewise, kitchen knives and machetes are also lawful self defenders.
It is important to know what constitutes a knife with an allowable purpose versus those that are prohibited for lawful self-defense. The best rule of thumb is that knives that are "intended" for use as a deadly weapon are unlawful and prohibited in Illinois. These knives include switchblades, automatic knives, any blade that, when exposed, is rigid and extends in length when opened, and the like.
Interestingly, labelling itself is not essential to determine whether a knife is lawful or prohibited. For example, it does not matter if a person engraves "tactical knife", "survival knife", "hunting knife", "school lunch knife", or other purpose lawfully allowed for carrying on a knife as long as the stated purpose of the knife is not disallowed.
The distinction that is lost in many people’s minds comes from the fact that the unlawful knives often look very similar to those are licensed for carry under Illinois law.
For knives that are lawful self-defense weapons in Illinois, there is no blade length limit and there is no law in Illinois that dictates that you must carry the knife openly in the necessary locations. However, as with all weapons, you can only use the knife of last resort to defend yourself.
Firearm Laws in Illinois Regarding Using Guns For Self-Defense
Self-defense shootings are some of the most difficult cases to prosecute that a prosecutor will face. The concern in many such cases is whether the defendant’s use of deadly force was necessary based on the facts and circumstances that were known or should have been known at the time of the event leading to the shooting. As a general rule, a person can use deadly force upon another individual in self-defense only if he or she reasonably believes that such an application of force is necessary to avoid death or great bodily harm. This rule incorporates a reasonableness standard with regard to the defendant’s beliefs.
Rare is a defendant who will admit that he or she was unreasonable in believing that self-defense was necessary. So, the key to many self-defense cases is whether the jury will conclude that the defendant was or was not reasonable in that belief. When the defendant claims that self-defense was necessary to avoid an "attack," there is an additional element that must be produced. That element is whether the defendant was justified in so believing that an attack was occurring. Illinois sets out a list of circumstances that will entitle a person to the use of deadly force as a first resort if he or she is confronted with such circumstances. Self defense is a very complicated set of rules that relies on a very thin set of facts. The Illinois Criminal Code spells these out at 720 ILCS 5/7-1 et seq.
If a defendant’s self-defense claim is based upon the fact that a person threatened him, the law also provides that the threat had to be a "real" threat, as judged by the reasonableness standard. Examples of such a "real" threat include a threat of great bodily harm, or death, or an imminent or ongoing sexual assault. The standard is not met by mere threats of harm that shove the defendant into a reasonable belief that self-defense is necessary. Basically, the threat must be directed at something that is relatively imminent to a physical attack, or is currently occurring.
While the law provides a statutory set of rules for self-defense issues, the legislature also has provided for a set of rules involving the possession of and carrying of handguns for self-defense protection. Generally, the law in Illinois prohibited the carrying of any type of handgun, but did allow for possession. Now, the General Assembly permits civilians in Illinois to carry handguns for self-defense. The law requires a permit, which comes from the Department of State Police. The applicant must be 21 years old, complete a 16 hour training course, pass a state and federal background check, and have a fire-arms owners identification card. The laws also require the permits to delineate the conditions under which the weapon can be used. The general rule is that concealed carry permits do not include a right to stand your ground. They require a person to leave the scene of a confrontation unless you are in your home, vehicle, or place of business. The law also provides for instructions on when to call 911 after you have used a firearm in self-defense, so that the responding officers know that you were properly acting in self-defense.
Other Legal Self Defense Weapons
You might not want to go into the fray with a knife, gun, taser or ‘gun that shoots knives’ and you don’t want to get caught in public with illegal self-defense weapons, but what other legal alternatives are out there? If someone is cursing you out and approaching your kids at the park, or trying to take your purse – what’s a mother to do? The answer lies in a category of self-defense tools that the law categorizes as something other than a "weapon". The most commonly known of these quasi-weapons are probably a tactical pen or a personal alarm. A tactical pen is simply a pen that is sturdier than an ordinary pen. You won’t be signing contracts with it – but if someone is coming after you, you can use it to stab, poke, scratch, jam or whatever it takes to cause pain or a distraction. Even if you are not concerned about a physical assault, carrying a pen that uses a standard cartridge, like a Fisher Space Pen, will assure that you are not carrying a weapon. A personal alarm is a cheap, portable, pocket sized device that may be the loudest thing you’ve ever heard. It is basically a "panic button" set up on a loop that, when activated, produces a tone of continuing, repetitive beeping until the power is taken out of it. By "power" we mean, the user pulls off the pin that activates the alarm. Again, there are no levers, triggers or anything that would create a weapon by bicycle definition. The downside to a personal alarm is that while you are activating it , you are not using your hands to physically defend yourself. Many people will attest that there is a psychological advantage to making a lot of noise when someone is coming at you. The impeding thought is that if you get loud enough and make a scene you may frighten whoever it is into leaving you alone. The unique thing about the personal alarm is that the noise lasts and continues even if you are already incapacitated. Do you have a better chance of scaring off a bad guy by making noise or by landing a physical blow? Perhaps there is no way to know. But one thing is for certain – unless the bad guy is deaf or has superhuman hearing, he will be distracted by a sound that loud, and when that reason is coupled with the fact that you are the only one holding on to the pin, it becomes a race against time for him. Will he achieve his objective first, or will you get to a safe place first? Most personal alarms, including the Bulova I am currently testing, have extra loud primary sounds and like a fire alarm, have secondary sounds that will go off if the primary ones are ignored or tampered with. It will be interesting to see whether I can keep it deactivated in my bag or whether it will go off if I am careless and place it in the bag upside down, so we will see how well the alarm "lives up to its claim" of being able to be kept in a bag, as advertised, but I found it inexpensive and its worth it for just that one time you have to reach for it and need it.
Legal Consequences of Using Illegal Weapons
Like we mention in the article about legal weapons in Illinois, you can carry certain knives and tasers, but that doesn’t give you a free license to do whatever you want with them. It also doesn’t mean that you can carry weapons that are illegal regardless of whether they are legal self-defense weapons or not.
The main weapon that is considered to be illegal even for the purpose of self-defense is any kind of switchblade or auto knife. You also can’t have them concealed on your person or in a vehicle. Possession is a Class 2 Felony and the penalty is three to seven years in prison and fines up to $25,000. Illinois law indicates that a violation of 720 ILCS 5/24-3.1 "is a Class 2 felony. 2. A person convicted of violating the provisions of this Section is subject to the sentenced provided by law for a Class 4 felony if the conviction is the person’s first such conviction and if such conviction occurs more than 10 years after the date of enactment of this amendatory Act of 1997." 720 ILCS 5/24-3.1(j)
You can get the same punishment for possessing a taser or one of the other legal weapons in Illinois when you have an automatic knife on you. A taser is illegal in Illinois unless you have a FOID (Firearm Owner Identification Card) which means that you must either have a concealed carry permit or some other government issued ID. If you don’t, then you can get 1-3 years in prison and/or fined up to $25,000. 720 ILCS 24.3A-5. The law reads, "A violation of this subsection (b) is a Class 3 felony. A person convicted of violating the provisions of this subsection (b) is subject to the sentenced provided by law for a Class 4 felony if the conviction is the person’s first such conviction and if such conviction occurs more than 10 years after the date of the amendatory Act of 1998." 720 ILCS 24.3A-5(c)
Under the law, it’s possible to get a maximum of 7 years in prison for an auto knife, along with up to 25,000 in fines. There are also legal consequences for using one and harming somebody by accident. "A person who receives an automatic weapon to disable a criminal is immune from civil liability in any cause of action brought regarding the actions of that person in transmitting the automatic weapon to the appropriate law enforcement agency or officer."
One of the lessor known legal weapons in Illinois is the self-defense keychain. While the law does not specifically state whether brass knuckles like weapons on keychains can or cannot be illegal, you can definitely still get in trouble for using it against someone else. The law reads, "A person who possesses a self-defense keychain as defined in Section 24.3-5 is immune from civil liability in any cause of action brought regarding the use of the self-defense keychain in a confrontational situation in which the self-defense keychain was used to disable a criminal."
While you are not legally permitted to use illegal weapons to defend yourself, that doesn’t mean you can’t use legal weapons at the same time to protect yourself. Be smart but know that you are not going to be protected if you use one of these illegal weapons on somebody just because you want to or you think it will help.
Self-Defense Cases And Precedents In Illinois
Illinois courts have addressed self-defense claims in a number of cases. Here are some examples: People v. Krieger (2016 IL App (2d) 130819) In this case, the defendant was convicted of the second-degree murder of his elderly father based on his testimony that he struck his father with a trophy fish mount after the defendant’s father attacked him.
The Appellate Court noted that, under Illinois law, there is no duty to retreat from an attack or perceived attack of force of a deadly weapon before using deadly force in self-defense, but there must still be a reasonable apprehension of an imminent threat to obtain a conviction for second-degree murder.
Following a jury trial, the defendant was convicted of aggravated battery with a deadly weapon and aggravated battery causing great bodily harm after he struck two people at an Oktoberfest festival with a tiki torch, which was found to be a deadly weapon as a matter of law.
The Second District reversed the convictions, holding that the evidence at trial, viewed in the light most favorable to the defendant, did not establish beyond a reasonable doubt that the defendant failed to act in self-defense. The court stated that there was nothing in the record to suggest that the victim had an actual weapon or that the defendant was aware of the victim’s supposed weapon before he swung the tiki torch. Rather, the victim only threatened to hit the defendant with a beer glass if he did not stop breaking up the fight he was brawling in.
The court held that the implicit-affirmative-defense jury instruction was incorrect to the extent that it precluded the defendant from asserting a perfect right to self-defense independent of the possibility of self-defense becoming a matter of provocation.
Under People v. Jeffries (1982), the State has the burden of disproving self-defense (Provocation) beyond a reasonable doubt, and if the evidence is sufficiently close, the jury may infer that the State has met its burden. The Appellate Court stated that the trial court erred when it relied on the jury finding "all of the aggravating factors beyond a reasonable doubt." The court noted that findings which do not apply to the affirmative defense under the facts of the case cannot supply the basis for an inference of proof beyond a reasonable doubt of the absence of that defense. Accordingly, due to the erroneous jury instructions as to the burden of proof, the defendant’s convictions were vacated.
People v. Fiser (2005 IL App (1st) 030674 In this case, the defendant, Fiser, was charged with first degree murder in connection with the shooting death of his mother-in-law Lillian, who had just ended a domestic dispute with her boyfriend. During that domestic dispute, Lillian’s boyfriend of two years, Jerry, had choked and kicked Lillian in the head. After the breakup, Jerry left the house. Fiser, who lived next door to his mother-in-law, called to check on her after hearing her boyfriend leave and after seeing her boyfriend’s daughter (Fiser’s sister) arrive at the house. At this point, Fiser’s mother-in-law appeared to be fine and was relieved after telling Fiser that she and Jerry were not going to get back together.
Shortly thereafter, a few minutes or so, Jerry returned to the house and knocked on the door. After two or three knocks, Jerry began to yell for Lillian to come outside. Fiser, who was still next door, then grabbed his gun, went next door to his mother-in-law’s house, and stood behind her as she answered the door. The gun was loaded with hollow point, or "soft tip," bullets that expanded on impact. Although Fiser was initially holding the gun low to the ground, he brought the gun up and shot Jerry in the chest. Jerry then fled, ran into the street in front of the house, and collapsed in the street. Lillian, who had just been shot in the stomach by Fiser while standing in the doorway, stumbled inside, closed the door, and sat down on the ground in the hallway. Fiser followed her inside, knelt beside her and said, "Oh, no, I didn’t mean to do it. It meant for him." Lillian then said, "Oh, Ray, you’re going to jail."
The Appellate Court held that the evidence in this case was insufficient to support a finding that the State had met its burden of disproving that Fiser acted in self-defense beyond a reasonable doubt. After Fiser testified in his own defense, the State asked the court to deny Fiser’s request for a self-defense instruction, and the trial court denied the request without explanation. The Appellate Court held that because the evidence was sufficient, Fiser was entitled to a self-defense instruction.
Conclusion: Stay Legal, Stay Safe
As with all areas of the law, self-defense weapon regulations in Illinois are subject to change. Staying informed on recent legal developments is crucial for gun enthusiasts and those who rely upon other means of self-defense. The most simple way to stay current on legal developments is to visit the Illinois State Police’s Firearms Services Bureau to read their latest news releases. For even more details about legal self-defense weapon regulations in Illinois , you can review the following publications: Ten Important Points Everyone Should Know About the FOID Card, Illinois Concealed Carry License FAQ, and Illinois FOID FAQ.