A Legal Guide to Illinois Self Defense
Illinois’ self-defense laws are codified at 720 ILCS 5/7-1 to 5/7-5, which require consideration to be given to the subjective reasonable belief of the person claiming self-defense or the objective reasonable belief. Additionally, 720 ILCS 5/7-6 through 8 require justification in any defense raised. Illinois has continually followed a subjective belief defense, although in 1987 the Illinois Supreme Court adopted an objective standard of reasonableness. People v. Lee, 213 Ill.App.3d 958 (Ill. 1991) (holding that such belief must be held until the need for force arises). The jury instructions for justifiable use of force by an aggressor/bystander include a "Retreat" instruction; specifically , that a person is not required to retreat from their home to avoid using force that would otherwise be justified. 720 ILCS 5/7-4. Illinois also follows a "Stand Your Ground" provision, in addition to a "Castle Doctrine." While a person does not have to be inside their home in order for the "Stand Your Ground" provision to apply, in Illinois you may use force, including deadly force, if you are outside your home when confronted with unlawful force. 720 ILCS 5/7-2; People v. Cummings. See also, People v. McNeal, 238 Ill. 2d 245 (2010) (no duty to try to retreat while standing next to car).
Categories of Illinois Legal Self Defense Weapons
The following are legal self-defense weapons that are permitted under the Illinois law.
Stun Guns
A stun gun is a handheld device that uses a high-voltage, low-amperage charge to stun or incapacitate an assailant. The weapon does not kill or cause permanent injury to the victim, but it will stop your attacker.
Tear Gas
Tear gas is an aerosol that causes temporary blindness and acute irritation of the eyes, nose, mouth, throat and skin. You can legally purchase and possess tear gas handgun or pistol types of pepper spray or any other kind not less than 18 inches long. Owners must have a valid FOID card and may keep no more than 20 ounces of tear gas in their homes.
Knives
Illinois permits the use of knives as self-defense weapons. Switchblades, butterfly knives, dirk knives, stiletto, throwing knives and daggers are classified under the umbrella of "non-specialty" knives, and their ownership and possession are completely legal. You must also have a FOID card to own these types of knives.
Handguns
A firearm, more commonly known as a handgun, is the most effective weapon used for long-range targets. A handgun is more portable than other types of firearms, and all handguns are considered effective means of self-defense under Illinois law.
Legal Requirements for Carrying Self Defense Weapons
To legally carry a self defense weapon in Illinois, there are a number of requirements that will need to be matched. The most important piece of legislation that outlines these regulations is the FOID card. Short for Firearm Owners Identification card, this permits those with a valid identification the ability to own and possess guns and ammunition. Before purchasing a weapon in Illinois, whether it is a firearm or a non-lethal weapon, you must have a valid FOID card. This card will be linked to your permanent address and people under the age of 21 must have parental consent and have their application signed by a parent or a guardian. Once you have filled out the proper forms and your FOID has been approved, you have permission to own a weapon only in your permanent county of residence. There are also a number of requirements specific to carrying a firearm permit. A license to carry a firearm (the concealed carry license), requires that gun owners need to be at least age 21. Illinois gun owners are also required to provide proof of training of at least 16 hours of gun safety; applicants cannot have been recently convicted of a felony or a misdemeanor in the last ten years. It is also illegal to bring any concealed weapon to school or on a public transportation bus.
Self Defense Weapons You Cannot Possess
In addition to the strict requirement that you only use reasonable force in self defense situations, there are weapons that are clearly prohibited by state law. The most notable of these weapons is a switchblade, which is defined by state law as "any knife, whatever the length of the blade, which opens, or is stilled open by a flick of the wrist or by a button, stick, lever or some other device…". 620 ILCS 5-24(b)(1). This also extends to any knife with a double edge blade, a knuckle knife, any belt buckle knife, any dirk or dagger, and a throwing star. 720 ILCS 5-24(C).
Clearly, all of these weapons would be considered excessive as means of self-defense. The use of an object to help you fend off an assault may be more reasonable than not having any object at all, but it also does not mean that the object used is appropriate in all situations. Using a firearm is even more likely to get your in trouble as the line separating truly life threatening situations and otherwise typical confrontations can often be hard to legitimately determine.
Recent Amendments to Self Defense Weapon Law
Over the past few years, Illinois has seen a series of legislative changes regarding the use of self defense weapons. One of the key introductions has been the law passed in 2013 that allows residents of Chicago and Cook County to apply for a firearms permit. Prior to this change, it was illegal to obtain a permit and carry a firearm in the city.
This year in May, a new law went into effect that made it legal for citizens to have stun guns for personal protection .
While the law had passed the Illinois legislature two years prior, a new Chicago City Ordinance prohibited the ownership of stun guns; but now citizens in Chicago and Cook County may own a stun gun and some other self defense weapons for personal protection.
As a result, knowing exactly what you can and cannot carry for protection is more important than ever.
Legal Ramifications of Self Defense Weapons Use
The use of legal self defense weapons in Illinois, such as batons, knives, pepper spray, stun guns and personal tasers, is often a concern for the citizens of our state. Just how strong, overwhelming, and aggressive should you be against an attacker? Are there any legal consequences if you get too aggressive? How do the legal self defense weapons laws work in Illinois? The fact of the matter is that legal self defense weapons can be critical in the event you or someone trying to protect becomes the target of violence.
The first thing to understand is that there are legal ramifications to you getting involved in a situation, willingly or not. The key is to de-escalate the situation and avoid it in the first place. Law enforcement officials highly recommend that if someone is confronting you, and you see it coming, walk away or run. You must understand that even using legal self defense weapons is still considered to be use of force. As such, the legal allowance in force does have limits. In many respects, excessive use of self defense weapons can be prosecuted, but only under certain circumstances.
In order for self defense to be lawful, you must have reasonable belief that you are in imminent danger of serious physical harm or death. Self defense weapons should be your last resort, not your first. Yes, self defense is a legal reason for you to use force, but it must be reasonably proportional to the threat against you. If you react violently when not needed, you could be prosecuted.
Consult a Lawyer about Legal Self Defense Issues
Seeking legal advice becomes imperative when you have been involved in a self defense incident. This is true whether you are facing criminal charges, a private lawsuit or civil liability in some other area of your life. An experienced self defense attorney will provide you with more than just technical knowledge of the law and the legal process. He will be able to ensure you understand your rights and the options available to you at any point in the proceedings. He may also be able to save you from unwanted criminal charges by having the prosecutor not file the criminal charges on the basis of illegality or being able to prove the self defense was valid right away.
The difference between an attorney and a lawyer is an attorney is a lawyer who is a member of the bar association. There are only 54 specialized areas of law recognized for certification by the American Bar Association. Self defense is not one of them . That means that unless you are facing 7th amendment issues, such as an innocent bystander claiming his constitutional rights were violated when you shot his attacker, you will not find an attorney who has specialized training on the legal issues surrounding self defense. There are two types of lawyers who might handle a legal self defense case: criminal lawyer and civil lawyer. For a self-defense case involving a criminal charge, you would want to find a criminal lawyer. Such a lawyer would be experienced in helping you build a defense and gathering evidence strongly suggesting self defense to defend against charges like assault, manslaughter, battery, excessive force, and obstruction of justice. If your case is civil in nature, you would seek out a civil lawyer. Such a lawyer would have experience arguing civil defenses such as affirmative defenses and defenses involving the application of punitive damages.