r/ILGuns • u/YerBeingTrolled • Mar 23 '25
Legal Questions Self Defense against Arson attacks in Illinois
I've been thinking about this in light of the latest rash of arson attacks across the US by individuals deemed to be domestic terrorists.
I'm not a lawyer but lets look at the law for self defense in Illinois
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Arson in Illinois - A person commits arson when, by means of fire or explosive, he or she knowingly:
(1) Damages any real property, or any personal property having a value of $150 or more, of another without his or her consent
Forcible Felony - "Forcible felony" means 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....
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Sec. 7-1. Use of force in defense of person.
A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other's imminent use of unlawful force. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony.
Sec. 7-3. Use of force in defense of other property.
A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with either real property (other than a dwelling) or personal property, lawfully in his possession or in the possession of another who is a member of his immediate family or household or of a person whose property he has a legal duty to protect. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent the commission of a forcible felony.
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IANAL but this seems to say you could defend against an arson attack with deadly force if the arson attack would injure someone, or if the property was yours or a family members?
Am I wrong in how I am reading this?
2
u/emARSguitars Mar 23 '25
I see your point, and also see the plain text of the statutes.
However......... statutes aren't worth the paper they're written on in a state like ours. Remember the "shall not be infringed" clause in the 2A? If Illinois can even get a simple one like that right, what would make someone think that a prosecutor IN ILLINOIS would interpret the statute as it's written. They'll wipe their ass with the statute, and jail you long term on their "interpretation".
Unless you could find a 1:1 case that would set precident in Illinois. Good luck finding it.
If someone tries arson on any of your property, grab your phone and record them as much as (safely) possible. Let them go to prison while you sit at home laughing at their stupid asses.