SMART DEFENSE
There are some really good reasons to add a non-lethal teargas and / or pepper gun, like Byrna, to your arsenal of self defense. First, consider this, you pump several 9 mm rounds, and kill, a person you perceived as a threat to you or someone else in your home. The relatives and law enforcement believe there was no threat warranting deadly force. Whether there was nor not, it’s too late to “undo” the act.
Consider, however, if you shot the suspect with a Byrna gun, which attacks the central nervous system, rendering the suspect immobile for 12 to 40 seconds, and he ran away. Much better solution. Say he didn’t run away after 2 Bynra shots, but continued the threat to your life, there is now a much better self defense plea and use of deadly force.
Second, there are places where you cannot carry a firearm, or deadly weapon. Byrna is not. You can carry it virtually anywhere. You don’t need a concealed carry, or even a FOID card.
The right to possess and carry the Bytna type gun is in the Illinois
Code:
A deadly weapon includes a person who “(3) Carries on or about his person or in any vehicle, a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a non-lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older; 720 Ill.
Comp. Stat. Ann. 5/24-1
You need to be aware, that most of these non-lethal guns have an effective range of 50 to 60 feet, so they are only good for close-up threats. You also should be aware that the use of the non-lethal gun prior to the actual handgun as suggested above does not insulate you from prosecution. The use of deadly force in Illinois is limited. There has to be actual fear of imminent bodily harm, and the imminent bodily harm must be objectively present. Further, “imminent” means reasonably probable, not merely possible, and refers not to a future threat but to one that is present or immediate.
There is one serious potential risk of devices like the Byrna – they look like guns. If you are faced by a person with a gun, it may provoke a shooting. Also, if law enforcement encounters two people who look like they are carrying guns, it may not be possible to tell which one is carrying a non-lethal device. For all its benefits, no device can eliminate all risks.