Civil Immunity from Liability for Self-Defense — in ILLINOIS???!!

The Armed Schoolteacher uncovers a gleaming gold nugget:

…But in Illinois, Kent continued, the 93rd General Assembly passed a statute (it was SB 2386 when it was a bill) amending the “Self-Defense: Exoneration” section of the criminal code to say that no civil liability can arise from an act of self-defense as defined in the statute. In other words, if you’re not liable criminally by reason of self-defense, you are not liable civilly by reason of self-defense. This is a HUGE difference from most states…

I don’t know how many other states have a provision like this, but I was flabbergasted to find that Illinois offers this protection. Several firearm and personal protection instructors were in the audience, too, and we all agreed that this was something completely new to us–but it’s been the law of the land for over four years.

I’m pretty sure we don’t have such a thing in California. Would that we did. There’s a presumption in California that lethal force against an intruder in your home is lawful self-defense, but that’s just on the criminal-law side; you’re still open to a lawsuit by the perp or his family.

Think I’ll put up a post on Calguns and see if we can start something….

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3 Responses to Civil Immunity from Liability for Self-Defense — in ILLINOIS???!!

  1. Dave says:

    In Colorado you are immune from civil penalty for the use of deadly force in self defence

  2. TexasREd says:

    We have it in Texas,

    My CCW instructor, says the Texas legislature has sent a message to criminals

    “you are fair game in the State Of Texas”

  3. BamaRob says:

    http://www.governorpress.alabama.gov/pr/pr-2006-05-31-01-self-defense.asp

    Went into effect 5/31/2006 in Alabama.


    MONTGOMERY – A new state law giving citizens greater legal safeguards if they choose to protect themselves rather than flee an intruder goes into effect on Thursday.

    Governor Bob Riley signed the law in April, saying the measure will enhance citizens’ right to self-defense.

    “Law-abiding citizens shouldn’t be forced to retreat when they are under attack from a criminal. They have the right to protect themselves and their families, and this new law makes that clear,” Governor Riley said.

    The new law allows homeowners and vehicle occupants who believe their lives are threatened to use deadly force against intruders. It removes a legal requirement that forced crime victims to retreat when faced with an intruder. The new law also shields those who use deadly force in self-defense from criminal prosecution or civil action. The law does not permit the use of deadly force against those who have a right to be in a house or against law enforcement officers carrying out their duties.

    Alabama is one of 11 states that have passed similar laws.

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