Illinois Proposes Tear Gas Ban and Pepper Spray Regulations

New bill aims to restrict chemical agents and create public health oversight

Published on Feb. 9, 2026

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The Illinois House has introduced a new proposal, House Bill 5553, that would ban the use of tear gas across the state and establish a Chemical Agent Review Board to regulate the sale and use of pepper spray. The bill cites health risks associated with these chemical agents and aims to prevent dangerous exposures, especially during large-scale events like protests.

Why it matters

This legislation reflects growing concerns over the public health impacts of tear gas and other chemical irritants, particularly in the wake of high-profile incidents involving law enforcement use of these agents. The bill seeks to balance public safety with individual rights and establish statewide standards to govern the use of these potentially harmful substances.

The details

Under the proposed law, deploying or possessing tear gas would become illegal within 180 days after the law takes effect, with limited exceptions. The bill also creates a new Chemical Agent Review Board to guide standards for approved pepper spray formulas in Illinois. Individuals injured by tear gas would be able to sue under strict liability, and certain civil rights organizations would have the authority to file lawsuits on behalf of impacted communities.

  • The bill would take effect immediately upon becoming law.
  • The tear gas ban would be phased in over 180 days.
  • Restrictions on unapproved pepper sprays would take effect after one year.

The players

Rep. Edgar Gonzalez Jr.

The Democratic state representative from Chicago who introduced House Bill 5553.

Illinois Department of Public Health (IDPH)

The state agency that would oversee the new Chemical Agent Review Board and maintain a public database of chemical irritant incidents.

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What’s next

The Illinois House will consider the bill, and if passed, it would then move to the state Senate for further deliberation.

The takeaway

This proposed law aims to balance public safety and individual rights by restricting the use of potentially harmful chemical agents like tear gas, while also creating new oversight and transparency measures around their deployment.