Is Spearguns Legal in Illinois After the 2026 Framework Overhaul?

No, spearguns are prohibited for recreational use in Illinois under the Fish and Aquatic Life Code (515 ILCS 5/), enforced by the Illinois Department of Natural Resources (IDNR). Only licensed commercial divers may possess spearguns, and even then, strict harvesting quotas apply. Recent 2026 IDNR draft regulations propose expanded penalties for illegal possession, including mandatory education courses for first-time offenders.

Key Regulations for Spearguns in Illinois

  • Prohibition: 515 ILCS 5/2.3 prohibits spearguns for sport fishing, classifying them as “unlawful devices” unless used by licensed commercial divers with IDNR-approved permits.
  • Commercial Exemption: Only holders of IDNR Commercial Fishing Licenses may possess spearguns, restricted to approved species and gear specifications outlined in 17 Ill. Adm. Code 3702.
  • Penalties: Violations trigger Class A misdemeanor charges under 515 ILCS 5/10-40, with 2026 amendments introducing mandatory IDNR-approved compliance training for repeat offenders.

Local ordinances in Lake County and Cook County further restrict speargun use in public waters, requiring additional permits for any mechanical propulsion devices. IDNR’s 2026 enforcement priorities include aerial surveillance of Lake Michigan to curb illegal speargun fishing, aligning with federal Great Lakes Fishery Commission directives.