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What's the Law on legal NON-Lethal self defense options in IL?


vk60187
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I am skeptical about the wisdom of carrying something that looks like a firearm, but is not.

If you were to draw that against a threat, it would be logical to perceive it as a lethal threat and act accordingly.

You could easily be stabbed or shot by your aggressor, or by an armed bystander, thinking it was a firearm.

Sprays are not necessarily as incapacitating as depicted, especially if the aggressor is high.

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For laws:

Generally, any self-defense tool requires that the user is 18+ years old and that the user does not intend to use it offensively. OC spray is legal. Stun guns require a FOID to be legal. Knives which are not spring-loaded are legal, but only if they're not carried as weapons at all, so that can get tricky. Also knives are lethal as weapons, and the question was about non-lethal weapons. Batons or other bludgeons, brass knuckles, and shuriken or other thrown blades are prohibited. Some municipalities ban BB/pellet/paint guns.

 

For wisdom:

If stopped for some reason and found to have a weapon, it may be difficult to explain certain things that are legal, like some types of knives or anything that looks like a firearm, but isn't. Also IMO stun guns are overrated.

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CCL is only for handguns. IIRC, much legislation around sprays e.g. pepper, mace, etc is local muni codes. Tasers, Stun guns and such may require FOID card. Depending on local muni codes "noxious gas or sprays" may be defined differently.

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"(a) (1) No person may acquire or possess any firearm, stun gun, or taser within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act."

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(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)

Sec. 24-1. Unlawful use of weapons.

(a) A person commits the offense of unlawful use of weapons when he knowingly:

 

(3) Carries on or about his person or in any vehicle,

a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a non-lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older;

Edited by InterestedBystander
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Knives which are not spring-loaded are legal, but only if they're not carried as weapons at all, so that can get tricky. Also knives are lethal as weapons, and the question was about non-lethal weapons.

Spring loaded knives i.e. autos are legal if you have a FOID card.

 

Hmm, OK, although it's not like I'm going to run out and buy a spring-loaded knife right away. I'll keep it in mind.

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Knives which are not spring-loaded are legal, but only if they're not carried as weapons at all, so that can get tricky. Also knives are lethal as weapons, and the question was about non-lethal weapons.

Spring loaded knives i.e. autos are legal if you have a FOID card.
Hmm, OK, although it's not like I'm going to run out and buy a spring-loaded knife right away. I'll keep it in mind.
SB0607 passed in 2017. No state preemption though hence the hodge podge of muni codes.

https://ilga.gov/legislation/billstatus.asp?DocNum=607&GAID=14&GA=100&DocTypeID=SB&LegID=100589&SessionID=91

Edited by InterestedBystander
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Knives which are not spring-loaded are legal, but only if they're not carried as weapons at all, so that can get tricky. Also knives are lethal as weapons, and the question was about non-lethal weapons.

Spring loaded knives i.e. autos are legal if you have a FOID card.

 

 

There are automatic knives, which require a FOID, and assisted opening knives, which do not.

https://knife-depot.com/pages/switchblade-vs-assisted-opening-knives

Edited by tab
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For laws:

(Paragraph edited.). Knives which are not spring-loaded are legal, but only if they're not carried as weapons at all, so that can get tricky.

This is not really accurate. Please, everyone, research and read the relevant laws.

 

Indeed. In particular, read and become familiar with the UUW law. It may not be a law you like, but you don't get to ignore it just because you don't like it.

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There are court rulings on non-lethal forms of self-defense. IL Supreme Court ruled the ban on carrying stun guns and tasers was unconstitutional. I would think that would pertain to something like pepper spray as well, but, I do know there are ordinances in some places that prohibit it.

 

http://illinoiscarry.com/forum/index.php?showtopic=71544

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  • 10 months later...

I own a Byrna HD CS gas projectile launcher and a Pepperball TCP launcher. They both shoot .68 caliber kinetic (4-8 gram solid copper-infused nylon/steel core) and/or highly-potent powdered CS (PAVA) projectiles that explode upon impact at nearly 300 FPS. They hit extremely hard and can effectively hit accurately at distances of 30+ feet. I only practice for distances of 12-15 feet as I feel this would be my most probably distance of deployment.

 

I've owned them for over a year. I carry the Byrna, concealed in a holster, or in a 5.11 Tactical sling bag (with extra magazine) for my 1 mile commutes through downtown Chicago. You can see by the picture, that I chose the subdued orange color as to not be misidentified by Law Enforcement.

 

I bought these because I don't have a FOID card (lower class pot felony charge in 1992) and feel in todays society, the liability of shooting/killing a litigious shithead would be something I'm wary about. I really don't want to go bankrupt and then go to prison for defending myself. Discharging 4-5 CS projectiles (up to 10 w/ 2 magazines) to completely incapacitate an aggressor and leaving the area, feels like a far better solution, rather than the more lethal option.

 

As much as I've gathered, because no one will give me a straight answer, they are legal to conceal carry in Illinois (in some cities) on your person, in home and in car. I spent 20 minutes talking to two CPD Officers, both told me it is legal and were highly impressed (and they also told me to get a gun too). I also talked to an Evanston PD Officer- I got completely contrary information (they're completely illegal to even own) as different cities all have different municipal ordinances regarding gas powered launchers. I was also told to contact The Illinois States Attorneys Office, as they would ultimately be the source that would charge me if illegal. I'll be writing a letter to them at some time to know and hope to have an answer.

 

I also found a resource online: https://airgunlaws.com

 

Does anyone else have one of these and would mind shedding light on the issue of legality? 

 

IMG_9471.jpg

Edited by Jeff_Chicago
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Fix your weed conviction.

 

Google has lots of info on the legalities and effectiveness of them... this paragraph was from commentary of an Illinois invention - The Salt Gun.

 

Quote

This good will attempt at self defense certainly may deter some violent criminals, but I would not put all my eggs in one basket. Less lethal has a place in the circle of self defense.  1) Avoidance. 2) De-escalation. 3) Flee. 4) Less lethal. 5) Lethal means. You see no rational person would immediately go to the firearm if given any other opportunity. However sometimes the firearm may be your first choice because of the circumstance. However sometimes less lethal means won’t stop an attack… then what do you do?  If less lethal worked 100% of the time, there would be no need for lethal tools of self defense.

 

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