An Overview of Illinois Pepper Spray Laws
The following is a general overview of the current laws in Illinois surrounding the use and possession of pepper spray. This will aim to provide a general overview of the regulations surrounding the pepper spray, notwithstanding exceptions for situations such as police or other law enforcement upon governmental training or authorized permittees for commercial or governmental use in accordance with local regulations.
According to the Criminal Code of 2012 no person shall knowingly manufacture, possess, deliver, sell, purchase, carry, use, or employ in any manner any tear gas weapon or chemical weapon or device , unless issued a permit for commercial use from the Illinois Department of Professional Regulation.
There are various exceptions to this general prohibition keeping in mind there exists the prohibition for particular individuals upon issuance from the Illinois Department of Professional Regulation (IDPD).
If an individual is properly using the pepper spray in self-defense or in defense of another the pepper spray itself can be a legal weapon. An individual devoting to public safety or such as security officers may also encounter lawful authorization. In short, the lawful use of pepper spray and/or tear gas is largely dependent on the position of the individual and their need for it in relation to their employment and/or safety.
It is strongly suggested individuals familiarize themselves with the relevant terms of the Criminal Code of 2012 and those sections surrounding pepper spray usage and to obtain a permit from the IDPD with respect to their employment if required so.
Who Can and Cannot Use Pepper Spray
Under Illinois law, a variety of individuals may be deemed legally eligible to carry pepper spray. However, for those with any felony convictions, there can be additional limits on these entitlements. For example, if a person has been convicted of a felony relating to the use or threat of physical force or violence, that person is prohibited from carrying or using pepper spray. A person who is required to register under the Illinois Sex Offender Registration Act is also disqualified from getting a permit to carry pepper spray. In the past, some states have required that individuals need to possess a license to get pepper spray, but Illinois is currently not one of them. Illinois does not issue a permit or license, but there is a legal age limit: a person must be at least 18 to have pepper spray legally.
It’s worth noting that while pepper spray is legally permissible, Illinois law prohibits carrying or using pepper spray in certain circumstances and places. If a person is out in public, there are some things that can make possession of this chemical weapon or device illegal. For instance, it is against the law to conceal or carry pepper spray on school property, at a school event, in a university dorm, or on a university campus. Additionally, Illinois law does not allow for pepper spray on the grounds of any day care center or daycare home.
Permissible Uses of Pepper Spray
Understanding Pepper Spray Laws in Illinois
While possessing pepper spray is generally legal in Illinois, its use is not. This is because all use of force applies. To have a legal use of pepper spray the use of force must be legally justified. Illinois law permits the use of as much nondeadly force as is necessary to defend oneself against unlawful force by someone else. The self-defense laws in Illinois require that the force must be reasonable, meaning that you do not use more force than reasonably necessary to deter the attack. There is an exception to this rule, however. If the force is used against a person attempting to enter the home of another illegally, the use of the pepper spray is rebuttably presumed to be reasonable. Pepper spray is considered to be a dangerous chemical substance. Once you spray someone with pepper spray the risk of death and serious bodily injury increases. Even if you just temporarily injure someone, a court may find that the harm you caused was simply too great. You cannot continue to chase after or tell your attacker to not move even after the individual has been neutralized recovering from exposure to the pepper spray. Continuing to use pepper spray on the homeless man who was clearly homeless and attacking you is excessive force. A defensive use of pepper spray shields you from liability if you honestly believed you were in danger of being killed, suffering severe harm, or were sexually assaulted. However, nothing in this law states where this harm can occur. It can be in your home, on a street, or in your car. The law does state that you cannot be engaged in unlawful activity when using pepper spray on another person. You cannot be attacking the individual who is attacking you and claim self-defense if that happens. In other words, you cannot be the proximate cause of the threat to yourself for self-defense purposes to apply.
Pepper Spray Laws in Other States
In comparison to many other states, the pepper spray laws in Illinois are fairly relaxed. For instance, in states like California and New York, pepper sprays containing tear gas, pheromones, or higher levels of OC must be registered with the department of justice or a designated state agency. In Illinois, there are no such controls.
Some states do not permit the use of pepper spray, regardless of the OC level, if a person has been convicted of stalking, domestic violence, or another violent crime. Although Illinois has its own convictions that can hinder pepper spray ownership or use , it does not share that common practice among most other states. Illinois makes it illegal for convicted felons to own or possess any type of stun gun or a taser. Because most pepper sprays being sold today consist of an element of shock, it stands to reason that people with felony convictions would be unable to purchase or own these types of self-defense devices.
Another issue to consider in Illinois is whether the local municipality will have stricter ordinances around pepper spray, beyond what the state requires. One such example is in Chicago, where ordinances exist for how much OC can be in a pepper spray canister. In Chicago, OC levels cannot go over 10 percent. In most other areas of Illinois, the OC levels are allowed to go as high as 35 percent.
Punishments Associated with Pepper Spray Laws
The legal consequences of pepper spray offenses in Illinois can vary depending on the classification of the crime. If you are convicted of a misdemeanor violation, you may face fines, community service, probation and possibly jail time. A misdemeanor is less serious offense than a felony and it usually carries a sentence of less than one year.
If you are caught in possession of a pepper spray weapon by law enforcement and cannot show a valid permit or ID card, you could be charged with a Class A misdemeanor. This carries a fine of up to $2,500, up to a year of jail time and one year of conditional discharge probation. These charges are less severe if you are not convicted of a felony in the previous two years, and you pay for any damage or theft caused by its use.
If you are charged with a felony for pepper spraying a person or threatening to, you could be convicted of a Class 4 felony, which carries a three-year maximum jail sentence and a maximum fine of $25,000. A Class 3 felony charge is the next severity level and could be used if you disfigure a victim with a pepper spray assault. Conviction of this felony carries a fine of up to $25,000 and a prison sentence of three to 10 years.
If you have a valid ID card or retail permit, or the use of the pepper spray was justified under a legitimate self-defense claim, you should be able to win the case.
A good defense attorney will be able to assist you in reviewing your case and determining the best approach to fighting the charges. If the pepper spray weapon was used in self-defense, you may be able to dismiss the charges altogether. On the other hand, if the charge is a Class 4 felony for possession or otherwise not using the weapon, you may be able to reduce your charges to a misdemeanor.
Pepper Spray FAQs
Written by a licensed attorney in Illinois, this text is provided for informational purposes only and should not be construed as specific legal advice. Always consult directly with a licensed attorney about your particular legal situation.
Among the most common questions that I’ve received:
Q: Can I legally order pepper spray online and have it shipped to my home?
A: Yes, as long as you purchase it from one of the several online retailers that are located in states where it’s legal to ship pepper spray to Illinois.
Q: What about buying pepper spray locally at a sporting goods store or police equipment supply warehouse?
A: Also legal, since those businesses are located in states where state law allows sales to Illinois residents.
Q: If I can order it online or buy it in a store, isn’t it legal for me to transport it around Illinois?
A: Yes, if the pepper spray model that you use is in compliance with the state’s legal requirements – most importantly , that it has at least a 20% OC concentration.
Q: If OC concentration isn’t the issue, can I legally carry other types of pepper spray that are legal in some states, such as capsaicin or CS (commonly known as tear gas)?
A: Short answer – no. Only OC permits use of other chemical agents in Illinois.
Q: Does Illinois law require me to undergo any type of self-defense course before I can legally buy or possess pepper spray?
A: While I highly recommend that you undergo a self-defense course to learn how best to use pepper spray, it’s not a requirement to legally purchase and possess the OC model.
Q: If it’s legal for me to own and carry, shouldn’t I also be allowed to draw and use my pepper spray any time I feel the need to do so?
A: No. ILCS Chapter 720, Article 24-1 of the Illinois Compiled Statutes specifically prohibits the use of pepper spray in any non-defensive manner.