Can You Use a Weapon in Self-Defense?

Illinois law does allow the use of force, including weapons, in self-defense. However, it applies only in specific situations.

The key issue is whether the use of force was necessary to prevent harm. Here’s what you need to know about when using a weapon in self-defense may be legally justified.

When force is considered lawful

A person may use force to protect themselves if they reasonably believe it is necessary to prevent immediate harm. This includes physical assault or other unlawful force. The level of force must match the threat. Deadly force is allowed only if the person believes it is necessary to prevent death or serious injury.

When using a weapon may be justified

A weapon may be used in self-defense if the threat is serious. For example, if someone threatens you with a knife or gun, using a weapon in return could be seen as reasonable. If the threat is minor or unclear, using a weapon may result in criminal charges. The law says you cannot claim self-defense if you were the aggressor or if you had a clear and safe way to escape the situation, unless you were inside your home.

Duty to retreat and the castle doctrine

Illinois does not have a “stand your ground” law. In public, you may need to retreat if you can do so safely. However, the state does employ something similar to the “castle doctrine.” This means you do not have to retreat before using force against someone who enters your home unlawfully. In some cases, this includes using a weapon.

Each case depends on the specific facts and how the law applies to them. If you have been charged with a violent offense, you should seek legal guidance as soon as possible.