A license to carry a concealed weapon is not synonymous with a license to use it. These are two different things. As for the latter, Illinois’ self-defense laws are still in full effect. These laws are some of the most limited such ordinances in the country. Nevertheless, self-defense is an effective defense to battery, assault, and even murder in many cases.
In a nutshell, the use of force, even deadly force, is justified if the actor reasonably believes that the force is necessary for the defense of self or others.
Use of Force to Protect Property in Illinois
The Prairie State has a very limited “castle” doctrine. This rule comes from that old adage that a man’s home is his castle. Illinois’ version of this rule only applies if:
- Forced Entry: Use of deadly force in the home is authorized under the statute if the entry is made or attempted in a violent, riotous, or tumultuous manner, and the home dweller reasonably believes that such force is necessary to prevent an assault upon, or offer of personal violence to the home dweller or another person in the dwelling, or the home dweller reasonably believes that such force is necessary to prevent the commission of a felony in the dwelling. If the use of force is justified, the person breaking in your house has no right to sue you under Illinois Law.
- Necessary Response: The actor must reasonably believe that s/he must use force to prevent an assault or great bodily harm.
- Forcible Felony: Not all felonies qualify as “forcible.” Forcible Felonies include “treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson, aggravated kidnapping, kidnapping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement and any other felony which involves the use or threat of physical force or violence against any individual.” (720 ILCS 5/2-8) (from Ch. 38, par. 2-8) Breaking into a home or building to with the intent to commit a theft therein is burglary or a residential burglary and both are forcible felonies.
It is definitely possible to use your concealed weapon to protect property. Justified use of deadly force is an affirmative defense. This means that you must first admit to the crime and then you must prove to the judge or jury that you were justified in doing so. So, the defendant must convince the jury that the perpetrator presented a significant threat and the defendant reasonably believed that a bullet was the one and only answer. That is not always easy to establish.
Use of Force to Protect People in Illinois
On this point, the law is a little more favorable towards defendants. The actors must reasonably believe the following:
- Use of force is necessary
- To defend themselves
- Against unlawful force.
The same proportionality analysis applies if the actor uses a concealed weapon or other deadly force. The actor must have a reasonable belief that the perpetrator not only possesses deadly force but has the capacity and will to use it.
No one can use deadly force in self-defense if that person is an ”aggressor,” and the law defines this term broadly. This prohibition does not apply if the actor retreated before using deadly force.
Connect With Experienced Attorneys
People who have a CCW license go through a lot of training and background in order to obtain the license. If this license is at stake, please call someone with experience in the field. Thomas Glasgow has lectured on the topic to the Illinois Bar Association, The Illinois Institute of Legal Education, and for multiple concealed carry classes throughout the state. For a confidential consultation with an experienced criminal defense lawyer in Schaumburg, contact Glasgow & Olsson.
(image courtesy of Rene Bohmer)