What is Mace? A Brief Background
Mace is actually a brand name owned by one of the most popular manufacturers of chemical sprays designed to be used defensively. Before discussing Mace laws it is important to understand exactly what Mace is and how it works. There are actually three types of chemical spray that may be called Mace, and their effectiveness varies depending on their composition. The original Mace guns and sprays were aerosol sprays that contained the active ingredient CN gas (actually a form of tear gas). These sprays create excessive eye irritation that instantly causes temporary blindness and excessive eye watering for those exposed. The irritation, when used on humans, creates a window of time where the affected individual can be subdued, as they will be unable to see or open their eyes. While it was somewhat effective on people, it is often considered significantly less effective than modern alternatives. This is primarily because it is actually not a physical deterrent; rather, its effectiveness lies solely in its ability to block an individual’s vision. After being continually improved and updated, Mace currently has a spray that contains both OC (oleoresin capsicum) and a CN (chloroacetophenone) gas. This is the Mace that most people know, and it has been proven to be quite effective against criminals. It is important to note that this product is not manufactured by Mace , Inc.—however, several states have passed laws making any form of pepper spray illegal to possess. Some states have gone so far as to classify pepper spray as a firearm, and other states, like Illinois, have limited use to those over 18 years of age.
The possession of Mace and other defensive sprays is legal under federal law, as well as the law of most states. In Illinois, Mace is legal to possess and carry for self-defense purposes, as long as the buyer is over the age of 18. However, like almost all weapons or items advertised for use in self-defense, there are restrictions on their use in Illinois. Possession of pepper spray is lawful, but it cannot be used to harm anybody or anything other than in simple self-defense. If you have never had any exposure to tear gas, regardless of your level of martial arts or other training in self-defense, no prudent legal mind will rationally consider Mace to be a serious deterrent or substitute for well-maintained self-defense skills. Although it may impede the vision of the perpetrators, more serious personal safety matters such as disarming an assailant or victim recovery. Understanding how and by what means pepper spray can be effectively used in certain circumstances may help one stay out of criminal or civil court.
The Statutes of Illinois Governing Pepper Spray and Mace
In Illinois, the law relates to mace or pepper spray differently than other states. Efforts are currently pending in the legislature to amend the relevant laws, but under existing laws, Illinois views pepper spray as a weapon subject to restrictions. Under 720 ILCS 5/24 – 1, "A person commits aggravated use of a weapon when he or she knowingly possesses, sells, or carries a stun gun, taser, or electric weapon or device under any of the following circumstances: (a) When he or she is in any vehicle in any area prohibited by ordinance pursuant to Section 24-1.6 of this Code." (b) When he or she has been convicted of a felony or a violation of the Illinois Controlled Substances Act, or of an equivalent federal or out-of-state offense, unless he or she has been issued a firearm owner’s identification card …" . There are other situations that are laid out in the statute, but for simple purposes – you can’t carry a stun gun or taser is you have been previously convicted of a felony. Pepper spray will be classified as a stun gun under the statute. But even if you have not been convicted of a felony, it’s illegal to carry pepper spray in a vehicle in Illinois.
Who Can Carry a Pepper Spray? Mace in Illinois
In Illinois, in order to carry mace or pepper spray, the user must be 18 years of age. Users also do not have to register their mace or pepper spray with the state government. The law does not mandate any permit, registration, license, fee, or insurance to possess or transport personal protection spray products.
Additionally, unlike in many other states, there are no restrictions on the size, strength, or energy of the container (as long as it is less than two fluid ounces). Users of mace or spray devices should be aware that the use or discharge of any pepper spray product or similar device for any unlawful purpose is a Class 4 felony.
The Penalties for Illegal Possession or Use
The consequences of illegal use or possession are much more severe than the penalties for mere possession. Many people who realize this tend to think that they’ll never be caught, and so their choice seems easy. But one gusty wind, or an unstable hand, can change everything. The use or possession of mace can lead to severe criminal charges. Possession of mace isn’t nearly as dangerous an act in and of itself. But the potential unlawful consequences of carrying or using it far exceed its legal penalties.
Possession of mace is not illegal in Illinois unless the holder has a prior felony conviction. Without this difficulty, it is a violation of Section 24-1.6 if done within the prohibited time, place, or manner. However, nowhere in the list of prohibited circumstances is there a "wobbler," or legal vs. illegal distinction by type of mace. There are no high odour measures, regards between pepper constituents and synthetic agents, nor any other factor listed. The distinction is just whether you have a felony on your record.
Carrying mace after committing or being arrested for a felony, however, is illegal. To do so will subject you to a charge under Section 24-1.6 (the same charge filed against those who use mace offensively) which is a Class 4 Felony, with a possible sentence of 1 to 3 years imprisonment along with generous fines . Absolutely no plea bargaining is available for this charge.
The use of mace is a class 4 felony (Section 24-1.6), but the act of using it or carrying it with a felony conviction also is separately a Class 4 Felony. This means that, if you have a felony conviction, you have two separate charges to face if you carry and/or use mace in a prohibited manner: the use of the mace itself and the possession of the mace upon use.
If you use mace in Illinois against someone who also has a felony conviction, then the charge is a Class 2 Felony. This is the case because the intended victim’s prior felony conviction creates an enhanced class. The range of punishment for a class 2 felony in Illinois is 3 to 7 years imprisonment, plus large fines. No plea bargaining is possible. And this surprising severity arises no matter whether you intended to harm the victim or not, no matter whether your use was justified, no matter whether the victim was the aggressor.
Don’t take a risk that could ruin your life when it is so simple to avoid. Seek self-defense training and an appropriate, non-lethal means of protection. Avoid involvement with known criminal elements and gang activity.
The law is the law, and you’ll likely find no mercy there.
How the State of Illinois Compares with its Neighbors
Compared to our neighboring states of Indiana and Wisconsin, Illinois mace laws are more strict in terms of impact munitions. The closest comparison to Illinois mace laws in Indiana would be that of Wisconsin, which allows for the use of personal protection spray devices that fall within the regulation of a "defensive weapons system." These systems are used to repel animals or unsuspected human intruders, but these sprays differ in two main aspects from that of mace in Illinois. The first aspect is the size of the container of the device. In Indiana, it is illegal to sell a defensive weapon with a volume of more than 2 ounces. In Illinois, any defensive weapon over 20 ounces violates an aspect of Illinois mace laws. The second main aspect is that a defensive weapon can only be sold to a person with written consent from an adult family member of legal age of 18 or older, whereas Illinois mace laws do not stipulate this aspect.
Tips for Safe and Legal Carry
When it comes to the legal and safe use of any type of aerosol self-defense product in Illinois, there are some best practices that every responsible individual should follow. First and foremost, you need to ensure you are familiar with all applicable federal, state, and local laws and regulations. These laws can change frequently and may vary significantly from one jurisdiction to another, so it is critical to have the most current information possible.
In addition to understanding the legal requirements, proper usage, storage, and maintenance of your mace or similar product are essential. Ensure you read and understand the instructions and warnings provided with the product. Most products are clearly labeled with directions for use, which should be followed at all times. Be sure you know how to activate the product and practice using it in a safe environment so you feel comfortable if the need to use it ever arises.
When carrying the product, make sure it is securely stored in a place that is easily accessible while also keeping it hidden from view. This can help to prevent accidental activation and also protect from theft or unauthorized use. If the product has an activation safety , be sure to attach it to avoid unintended activation while carrying the container.
It is also important to check the expiration date of any cartridges or containers you may have. Just as with many consumer products, self-defense sprays do have a shelf life. Some products are marked with a window that will turn red when the product has expired. If you are unable to determine the age of your product, it is best to err on the side of caution and replace it.
Finally, if you do ever need to use your self-defense spray, make sure you do so in a place where it is not prohibited. The most common locales where you would not be able to legally use self-defense sprays are in airports, on college campuses, and in government buildings. However, there may be other places where they may not be allowed within your county or municipality, such as certain public parks. It is extremely important to be aware of the law in your area to avoid potential issues.
If you have any other specific questions about the legality of the possession or use of mace in Illinois, our team at the Law Offices of Scott & Brian are always here to help.