Is Pepper Spray Legal In Chicago, Illinois? (2015 Update)

Last Wednesday, I blogged that I’d begin reviewing Chicago-area laws concerning self-defense tools starting this week.

Even though Survival And Prosperity addressed the subject of pepper spray or OC spray (from “oleoresin capsicum”) some time back, here’s a question I still keep hearing asked:

“Is pepper spray legal in Chicago, Illinois?”

To find out, let’s start at the top- meaning the State of Illinois. Looking at the Illinois Compiled Statutes, Criminal Offenses, (720 ILCS 5/) Criminal Code of 2012, “ARTICLE 24. DEADLY WEAPONS”:

(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

(Editor’s note: Bold added for emphasis)

Pepper (OC) spray appears legal to own and carry in the state of Illinois- so long as the individual carrying it is “18 years of age or older.”

Now let’s turn to Cook County. Here’s something I was just made aware of recently. From the Cook County Code of Ordinances, Part I- GENERAL ORDINANCES, Chapter 58- OFFENSES AND MISCELLANEOUS PROVISIONS, ARTICLE VI. OFFENSES AGAINST THE PUBLIC PEACE, Sec. 58-172. – Disorderly Conduct:

(a) It shall be unlawful for any person to commit disorderly conduct. A person commits disorderly conduct when he knowingly:
(6) Carries in a threatening or menacing manner, without authority of law, any razor, knife, stiletto, blackjack, bludgeon, metal knuckles, slingshot, any knife, the blade of which is released by a spring mechanism, including knives known as “switch-blades”, undetectable knives as defined in Section 58-176 of this Code, an object containing noxious or deleterious liquid, gas or substance or other weapon, or conceals said weapon on or about the person or vehicle

(Editor’s note: Bold added for emphasis)

Pepper (OC) spray appears legal to own and carry in Cook County, Illinois- so long as the individual carrying it is “18 years of age or older” (per the State of Illinois), does not carry it “in a threatening or menacing manner,” or “conceals said weapon on or about the person or vehicle.”

That last bit about concealing about the person or vehicle is bound to raise some eyebrows, I’m guessing.

Mace Pepper Foam

Finally, here’s what the City of Chicago has on the books regarding pepper (OC) spray. From the Municipal Code of Chicago, TITLE 8 OFFENSES AFFECTING PUBLIC PEACE, MORALS AND WELFARE, CHAPTER 8-24 FIREARMS AND OTHER WEAPONS, 8-24-020 Sale or possession of deadly weapons:

(e) No person shall carry 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; provided that this subsection shall not apply to any person listed in section 5/24-2(a)(1)-(14) of the Criminal Code, 720 ILCS 5/24-2(a).

(Editor’s note: Bold added for emphasis)

There’s also this under 8-24-045 Noxious gas or liquid:

(a) No person shall use any device to discharge a noxious gas or liquid in an enclosed room in any Class C-1 or Class C-2 Assembly Unit, as defined in Chapter 13-56 of this Code, or in an enclosed room in any restaurant, bar or tavern that is a Class F Assembly Unit as defined in that chapter, if more than 20 persons are present in that room, unless the person is a peace officer, as defined in Section 8-20-010 of this Code, engaged in law enforcement activity. As used in this section, “noxious gas or liquid” means mace, pepper spray or any other substance that is intended or designed to cause irritation to the eyes, nose or mouth, or to cause nausea.

(Editor’s note: Bold added for emphasis)

So Is pepper spray legal in Chicago, Illinois?

Pepper (OC) spray appears legal to own and carry– so long as the individual carrying it:

• Is “18 years of age or older” (per the State of Illinois)
• Does not carry it “in a threatening or menacing manner” or “conceals said weapon on or about the person or vehicle” (per Cook County)
• Shall not use “any device to discharge a noxious gas or liquid in an enclosed room in any Class C-1 or Class C-2 Assembly Unit, as defined in Chapter 13-56 of this Code, or in an enclosed room in any restaurant, bar or tavern that is a Class F Assembly Unit as defined in that chapter, if more than 20 persons are present in that room” (per the City of Chicago)

Next time, I’ll be looking at expandable/collapsible/retractable batons and their legality in Chicago.

Christopher E. Hill
Survival And Prosperity (www.survivalandprosperity.com)

(Legal disclaimer: This post is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain such advice.)

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Monday, January 19th, 2015 Government, Legal, Non-Lethal Weapons, Security, Self-Defense
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