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Old 04-25-2008, 11:06 AM   #1 (permalink)
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Chicago Pepper Spray Law...Help

Okay, I want to buy my girlfriend a pepper spray. I checked the local law, and as usual, Illinois doesn't fail to disappoint. It is legal to carry a pepper spray anywhere in the state except Chicago. Great!

I was going to buy one from pepperface.com

I have contacted them and here is the reply I got:

Quote:
Hello LoganSnake,

Thanks for your interest in Pepperface.com. We do sell our products to a lot of customers online in Chicago and we have retail accounts as well that sell our Palm Defenders in Chicago. We believe that we do not fall under the city band and Chicagoans can carry the Palm Defender. Last summer there was a project in the city of Chicago called " Project Purple Chicago" which local Alderman supported the project and our product to help generate awareness for violence against women. The project was a success and was covered by a Chicago media and press. I hope this bit of information does help with your decision and thanks again for your interest in Pepperface.com.

Best,

Pepperface.com
So, does that mean that pepperface Palm Defenders do not fall under the law since they were publicly supported?
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Old 04-25-2008, 11:50 AM   #2 (permalink)
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Slow here now, so I googled and saw many sites that said different things from you can carry but you can't use ... The only actual law I could find was a City of Chicago ordinance:

http://www.amlegal.com/nxt/gateway.d....0#JD_8-24-020

Quote:
(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 8-20-30* 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.
It would seem from that to be legal to carry on the street. That being said, I surely ain't no lawyer.
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Old 04-25-2008, 12:35 PM   #3 (permalink)
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Thanks. Yeah, judging by that, it seems legal to carry it and use it as long as it isn't in an enclosed space.

Thanks.

Would be nice if somebody in the know would chime in as well.
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Old 04-25-2008, 12:48 PM   #4 (permalink)
 
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Not being silly, butr can't you ask at a police station?
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Old 04-25-2008, 12:54 PM   #5 (permalink)
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Old 04-25-2008, 02:06 PM   #6 (permalink)
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Call your local PD and ask.
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Old 04-26-2008, 03:55 AM   #7 (permalink)
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Quote:
Originally Posted by Daniel_
Not being silly, butr can't you ask at a police station?
In terms of technical issues the police are often not the most knowledgeable folk around. Yes, they know what constitutes assault, murder, public indecency, etc. but for example in Canada in terms of gun laws a lot of officers and departments don't know their heads from their asses.

Could be similar for pepper spray in Chicago.
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Old 04-27-2008, 02:59 PM   #8 (permalink)
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Quote:
Originally Posted by debaser
Call your local PD and ask.
... and a lawyer. The police are the ones who decide whether to arrest you, the lawyer is the one who defends your ass when they arrest you for something that turns out to not be quite so clear based on the letter of the law.
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Old 04-28-2008, 08:28 AM   #9 (permalink)
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Quote:
Originally Posted by Daniel_
Not being silly, butr can't you ask at a police station?
do not, under any circumstances, ask law enforcement about laws. They generally don't know them or tend to give wrong answers anyway. consult an actual attorney to find the laws.

Also remember, that the chicago area and cook county area have differing laws and ordinances.
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Old 04-28-2008, 09:41 AM   #10 (permalink)
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Quote:
Originally Posted by dksuddeth
do not, under any circumstances, ask law enforcement about laws. They generally don't know them or tend to give wrong answers anyway. consult an actual attorney to find the laws.

Also remember, that the chicago area and cook county area have differing laws and ordinances.
It's still a good idea to know what you might be wrongfully arrested for.
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Old 04-28-2008, 12:07 PM   #11 (permalink)
 
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Quote:
Originally Posted by dksuddeth
do not, under any circumstances, ask law enforcement about laws. They generally don't know them or tend to give wrong answers anyway. consult an actual attorney to find the laws.

Also remember, that the chicago area and cook county area have differing laws and ordinances.
Sorry - in the UK there is a requirement that Police can give people advice on what is lawful and what is not. I thought it worked that way in the US too.

Some things that the Police will tell you are not lawful they'd not actually arrest you for, but if they give you the all clear, then you're ok (pretty much).
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