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Old February 20, 2007, 12:28 AM   #1
defjon
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Join Date: January 14, 2005
Posts: 721
Legal Self Defense in Illinois

I keep hearing conflicting things, and I've looked into it myself but I still can't quite get things straight.

I am a law abiding citizen in a state were the right to defense myself and my loved ones is extremely infringed. In my home, behind locked doors, suddenly my rights are restored. However, I spend 99% of my time outside of locked doors...you know, living my life? This is why the horribly neutered 2nd doesn't do a whole lot of good here.

What are the options? I know inside of Cook county, you've pretty much got none. Fortunately I'm not in Cook county. For the rest of the state (and I know it varies by county even) what are the options on the table here?

I know tazers are out. Pepper/OC spray? Kubaton? Lock-blade knife? (If so..what are the restrictions, I'm sure there are many).

What is the best defense- notice I say defense here...I do everything possible to avoid or avert confrontations and it works- again- 99% of the time.

If you lived in Central Illinois, and needed some form of protection beyond your body and your brains, what would you turn to? What is a man to do inside of the law here that restricts me to true freedoms only in my own home or property, and even there has a lot to say about what I do?

Thanks all.
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Old February 21, 2007, 09:52 PM   #2
Double J
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Join Date: February 12, 2007
Location: So. Illinois
Posts: 547
Best Defense in Illinois

Illinois is a problem. I live in Southern Illinois. On your own property you may carry a weapon. You may not use that weapon unless life is threatened. Property cannot be protected with a weapon. Notice I say "weapon"? In Illinois if you get caught protecting the farm with a weapon, you'll loose your rights to own or possess a firearm. All in all we're pretty much screwed. That's another reason I bought a mountain top in Tennessee. Got carry permits there.
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Old February 23, 2007, 01:45 AM   #3
Jeff22
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Join Date: September 15, 2004
Location: Madison, Wisconsin
Posts: 577
use of force in illinois law

720 ILCS 5/7 1) (from Ch. 38, par. 7 1)
Sec. 7 1. Use of force in defense of person.
(a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other's imminent use of unlawful force. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony.
(b) In no case shall any act involving the use of force justified under this Section give rise to any claim or liability brought by or on behalf of any person acting within the definition of "aggressor" set forth in Section 7 4 of this Article, or the estate, spouse, or other family member of such a person, against the person or estate of the person using such justified force, unless the use of force involves willful or wanton misconduct.
(Source: P.A. 93 832, eff. 7 28 04.)


(720 ILCS 5/7 2) (from Ch. 38, par. 7 2)
Sec. 7 2. Use of force in defense of dwelling.
(a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's unlawful entry into or attack upon a dwelling. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if:
(1) The entry is made or attempted in a violent, riotous, or tumultuous manner, and he reasonably believes that such force is necessary to prevent an assault upon, or offer of personal violence to, him or another then in the dwelling, or
(2) He reasonably believes that such force is necessary to prevent the commission of a felony in the dwelling.
(b) In no case shall any act involving the use of force justified under this Section give rise to any claim or liability brought by or on behalf of any person acting within the definition of "aggressor" set forth in Section 7 4 of this Article, or the estate, spouse, or other family member of such a person, against the person or estate of the person using such justified force, unless the use of force involves willful or wanton misconduct.
(Source: P.A. 93 832, eff. 7 28 04.)

(720 ILCS 5/7 3) (from Ch. 38, par. 7 3)
Sec. 7 3. Use of force in defense of other property.
(a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with either real property (other than a dwelling) or personal property, lawfully in his possession or in the possession of another who is a member of his immediate family or household or of a person whose property he has a legal duty to protect. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent the commission of a forcible felony.
(b) In no case shall any act involving the use of force justified under this Section give rise to any claim or liability brought by or on behalf of any person acting within the definition of "aggressor" set forth in Section 7 4 of this Article, or the estate, spouse, or other family member of such a person, against the person or estate of the person using such justified force, unless the use of force involves willful or wanton misconduct.
(Source: P.A. 93 832, eff. 7 28 04.)

You aren't any more limited in regards to the use of force to protect yourself in Illinois than you are in most other states with the exception that there is no CCW in the State of Illinois. Of course, there wasn't CCW in most states prior to about 10 years ago, and most of us managed to get by . . .

I believe that OC spray is legal in Illinois. If it is, get some, get some training, buy a couple of inert units to use in practice, and carry the OC spray. It is not a perfect solution, but it does give you some options.

And always carry a fully charged cell phone so you can call for help.
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