What a New Illinois Bill Could Mean for Tear Gas and Pepper Spray

A new proposal moving through the Illinois House could significantly change how chemical agents are used across the state.

House Bill 5553, introduced by Rep. Edgar Gonzalez Jr., would ban tear gas in Illinois and create new regulations around pepper spray. The legislation is formally titled the Building Remedies to End Abusive Tear Gas and Harmful Exposures Act, and it centers on public health concerns tied to chemical irritants.

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New Illinois Bill Would Ban Tear Gas, Tighten Rules on Pepper Spray

Supporters of the bill say tear gas poses serious health risks, particularly to children, older adults, and people with asthma or other respiratory conditions. Lawmakers backing the proposal argue Illinois needs clear, statewide standards to prevent harmful exposure and ensure accountability when chemical agents are used.

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If passed, deploying or possessing tear gas would become illegal 180 days after the law takes effect. The bill includes limited exemptions, such as temporary possession during interstate shipping, retailers who keep tear gas products sealed, and small self-defense devices under two ounces used for lawful personal protection.

The proposal points to recent high-profile events, including the Chicago Police Department of Public Health. The board would include doctors, chemists, toxicologists, and civil rights attorneys, and would be responsible for reviewing and approving which pepper spray formulas are allowed for use in the state.

The bill includes strong enforcement measures. Anyone injured by tear gas would be allowed to sue under strict liability, meaning they would not need to prove negligence. There could be penalties up to $10,000 per violation if lawsuits from health organizations are solidified. Those funds would be directed into a newly created Illinois Human Rights Enforcement Fund.

Also, anyone who deploys a chemical irritant outside of personal self-defense would have to report the incident to IDPH within 48 hours, detailing where it occurred, what product was used, how many people were exposed, and any known injuries.

While the bill would take effect immediately if signed into law, its major restrictions would roll out gradually, with a 180-dat phase-in for the tear gas ban and a one-year window before unapproved pepper sprays become illegal.