Is Bear Spray Permitted in Illinois?
In Illinois, bear spray is primarily regulated under state law, specifically the Criminal Code of 2012 and the Firearm Concected Carry Act. Under 430 ILCS 65/10, individuals with a valid Firearm Owner’s Identification card (FOID) may carry bear spray as long as it is contained in a container with a capacity of 2 oz or less and carried "in a manner similar to that in which one may carry an unloaded firearm." This means that bear spray cannot be concealed or carried on school grounds without a valid FOID card. Individuals must also use bear spray in a safe and responsible manner and cannot use bear spray against other persons , pets, or wildlife. It is illegal to have more than 2 oz of bear spray in your vehicle unless transported out of reach of the passenger compartment. In addition, transporting bear spray on public transportation is currently prohibited in Illinois under Public Act 99-0916 without a valid FOID card. Individuals wishing to carry bear spray in Illinois should carry a valid FOID card and adhere to the requirements listed above for transporting and possessing bear spray.
Bear Spray vs. Pepper Spray: What’s the Difference?
Bear spray is typically much larger in canister size than your typical pepper spray. Whereas pepper spray tends to be designed like a small pocket-size container of Windex, bear spray is frequently the size of a large canister of Off Insect Repellant. Bear spray canisters can be as large as 10 ounces, compared to the 0.5 to 5-ounce models of pepper spray. While the Brand canisters differ from one to another, the difference in size is important when considering these devices.
In regard to concentration, using the above analogy, bear spray typically contains a lower concentration of active ingredients than small container pepper sprays. The consistency of bear spray is more in keeping with that of water. According to the Packera Bear Safety site, at 15 feet up to 9 out of 10 bears deterred, and at 30 feet up to 8 out of 10 bears deterred.
While these basic differences do not explain the disparity in legality, it is relevant to note that even Wildfires, Inc., a bear deterrent company explains that "in some areas, it is prohibited to carry most aerosol defense sprays. However, BEARAKUDA is a foam bear deterrent approved for use in restricted areas."
Bear repellents, including bear spray, are regulated in Illinois because they are considered hazardous materials. However, Wildfires, Inc., at least, has been granted an exception that permits it to sell its product in Illinois.
What Are the Legal Ramifications of Using Bear Spray?
The legal implications of bear spray use as a defense in Illinois remain murky and largely untested. While there have been cases where pocket knives were used for this purpose, there has never been a case that has come up in the State of Illinois regarding bear spray as a weapon used in self-defense.
With this having been said, there are potential charges individuals may face if they use bear spray on another. Depending on the facts of the case, a person charged with using bear spray against another individual may be subject to charges of aggravated assault.
An aggravated assault charge occurs when an alleged aggressor knowingly places another person in reasonable apprehension of receiving a battery. In most cases, aggravated assault is a class A misdemeanor. However, charges may be elevated if a dangerous weapon was used or if the alleged victim was a police officer while on duty or a teacher or employee of a public or private school while on duty. If charged as a class A misdemeanor, the maximum sentence is up to one year in prison and up to $2,500 in fines apart from other restitution that may be ordered by a court. Elevating the aggravated assault charge to a class 4 felony increases the maximum sentence to three years in prison and a maximum fine of $25,000. In most cases, aggravated assault is a misdemeanor charge and rarely prosecuted as a felony.
Illinois law also treats aggravated battery with deadly weapon as a felony which must be charged as either aggravated battery with a firearm or aggravated battery with other deadly weapons. Aggravated battery with a firearm is classified as a class 1 felony charge which means that the person charged faces a prison term of at least four years and a maximum of 15 years. The maximum fine for this offense is up to $25,000. An aggravated battery with a firearm may also be charged as a class 2 felony if the accused reasonably believed that the act of shooting a firearm was necessary.
Using bear spray against another to protect oneself or anyone else may be a valid legal defense to a charge of aggravated assault or aggravated battery. What is not clear is whether the law allows reasonable foreknowledge or belief that a person, animal, or another being may be under threat of attack. An individual may develop a reasonable belief that they are under threat of another attack or assault by an animal the moment they are attacked or are about to be attacked. When someone has previously been physically threatened, verbally threatened, or has been attacked by someone else, they easily get to know, feel, or should be able to understand the motions indicating another attack is about to occur.
Bear spray, when used properly, has been shown to stop an attack from a bear 98 percent of the time. Be sure to check your any laws and check with an attorney before bringing bear spray to an area, even a state or national park, where bear attacks may occur. All species of bears can and will attack humans if they feel threatened or if they are starving and overpopulation pushes them out of their natural habitat.
Where to Legally Purchase Bear Spray in Illinois
Retail Locations Where Bear Spray May Be Purchased Legally in Illinois
Most gas stations, sporting goods stores, and even most Wal-Marts are going to carry bear spray for purchase. However, if you want to make sure that it is readily available, here is a list of some of the most common places to get bear spray in Illinois:
B&G Equipment and Hometown Rental and Supply operate in a number of locations. You can find out the most convenient one for you by using this link: http://hometowndiy.com/stores/
Like Cabelas, Dick’s Sporting Goods, Scheels has locations around the country that may carry bear spray. You can find your closest retailer by using this link: http://www.scheels.com/shop.html
Gander Mountain may carry bear spray , so it is worth a shot. Use this link to find the closest one to your location: http://gandermountain.com/store/locator.aspx
This is another retailer that primarily caters to the Midwest, but may carry bear spray as well. This is their location finder: http://sportsmansguide.com/search/Location.jsp
Dick’s Sporting Goods, the Outdoor World and many other retailers have affiliate retailers that carry bear spray. You can find the closest of them to you by using this link: http://www.dicks.com/storelocator-location.jsp
There may be a local retailer by you that sells bear spray, so it is worth looking up local options for shopping where you usually shop. If not, online retailers such as Amazon, Academy Sports and Outdoors and others do carry bear spray, so you can always buy bear spray online.
Safety Protocols for Carrying and Using Bear Spray
Bear spray has become a necessity for many who live – or visit for any length of time – in areas where bears are known to frequent. However, there are rules associated with safely carrying and using bear spray to avoid injuries to yourself as well as to protect those around you. It is strongly recommended that you carry bear spray in a readily accessible side holster (not in a backpack or put away in a pocket) if you are in an area where bear encounters might be likely. It is also recommended that you make sure the canister has a leash attached as bear spray canister and holsters have been known to get knocked out of the hand and be lost during a bear encounter. Studies have shown that bear spray is the most effective defense in bear encounters, but you need to be sure you know how to use it properly. For example, you need to make sure to keep your bear spray ready for quick access, consider attaching a whistle or reflective mirror so it can be quickly located, and understand that you may need to remove the safety catch in order to deploy bear spray. Don’t be alarmed – with proper training in how to use it, a few minor missteps such as fumbling to get it out or forgetting to take off the plastic safety tab are unlikely to cause injury to you or anyone else. Some additional points: Make sure to always follow the product manufacturer’s instructions on how to safely use bear spray and never use it indoors or indoors where other people or pets might be harmed. Bear spray must also be stored securely and out of direct sunlight to be properly effective. Keeping bear spray in a glove compartment, for example, will not ensure that it is always ready for use in the event of a bear attack. Emergency bear spray is recommended for long-term storage because it has a shelf life of up to four years. While bear spray is a great way to prevent and respond to bear attacks, you need to use your common sense to determine whether or not you should go into a particular area that is currently experiencing aggressive bear encounters, and you should then go into or through that area with others and armed with bear spray and other defensive weapons just in case.
Alternatives to Bear Spray in Illinois
While bear spray may not be a legally permissible self-defense option for Illinois residents, there are other options. One of the most common legal alternatives is a personal alarm. These devices emit an ear-piercing sound when activated, designed to signal to others that you’re in trouble. Personal alarms can be effective deterrents as most perpetrators of violent crimes prefer to act without attracting attention. Unaccompanied by a witness, a would-be assailant may be less likely to continue their attack if they can’t silence the noise quickly due to the availability of easy-to-access, safe spaces in the vicinity. The effectiveness of a personal alarm hinges on this principle: if someone can easily exit the situation and make it to safety , they’re more likely to do so if the situation is escalating.
Pepper gel is another legally acceptable alternative to bear spray. Pepper gel emits a range-killing stream of irritant. Unlike traditional pepper spray, pepper gel does not explode when fired. It’s extremely accurate and gives you an added layer of safety as a result. As long as the activator can be operated with one hand, people with limited mobility should have no issues using a pepper gel-equipped product.
Stun weapons are also legal in Illinois. Stun guns are electrical devices that are intended to incapacitate a would-be assailant. They use a high-voltage discharge with minimal ampere charge which gives them shockeningly effective results. There are various types of stun weapons, including flashlights that have been modified to be activated with a button, similar to stun guns, and electroshock devices that deactivate electronic devices.