The judge is permitted to sentence the defendant to up to one year in jail and fine him $2,500. Thanks. Knives are the same; different types make your tasks easier only if you know what each type is best for. Self-defense does not mean youll harm someone any more than an armed police officer WILL use his gun for sure to shoot someone. Having said all this, the answer to your question depends on what youre carrying. For shame. If its a fixed 3 inch blade with a 4 inch handle does that make it a 7 knife now because its one continuous piece of metal? Public Act 100-0082 does not require a firearms concealed carry permit in order to possess and carry an automatic knife. Your information is outdated, and inaccurate. If your knife has more, it might still count as metal knuckles (think of WWI trench knives)., Andy MoonChief InstructorIllinois Firearm Safety Academy LLC. | Last updated December 12, 2022. There are a lot of nutcases out there, and im sure id be glad if i had a KA-BAR in one of those dangerous situations. That being said, be reasonable and smart. Published By James G. Dimeas & Associates, Illinois Bill Would Allow Name Changes for Those With Felony Convictions, Schaumburg Police Release Holiday Enforcement Numbers, Alliance Against Intoxicated Motorists Releases Annual DUI Survey. The fact that you would probably use it in self-defense in extremis should not be mentioned. Earlier this week, I met with a client who was pulled over by the State Police for driving 38 miles an hour over the speed limit on the Tollway. Anonymous This section of the law was designed to stiffen penalties for felonies committed with a dangerous weapon. You can research state laws (as I do) on each states homepage where all the statutes are listed. In an apparent attempt to suggest that they are pieces of art, some people sell brass knuckle jewelry to be worn as a necklace. We have partnered with BladeHQ to offer the best deals on high-quality knives for our readers. While the group Individual Defensive Tactics says the keychain is legal in most states, you should probably check with your local police department. -An Illinois Digital I.D. By carrying a knife with a blade of at least 3 inches in length, you are considered armed with a dangerous weapon specifically a Category II weapon. The law also has all these long paragraphs about how committing a crime with a deadly weapon would increase the offense but Im sure that applies to none of you ;-). Switchblade knives are now legal in Illinois if the person carrying it also has a FOID card. Under Penal Code 21810 PC, it is illegal in California to make, import, sell, give, or possess metal knuckles, or brass knuckles ("BKs"). HOWEVER, as always, dont take my word as final authority. I used to live in Chicago. Would an out the front knife be considered a switch blade or no? No. Is this ok? Self-defense weapons are an important part of personal security, and in Illinois, there are a number of legal self-defense weapons you can use to protect yourself and your family. This means that balisong knives, also called butterfly knives, are legal. Checklist prior to applying for an Illinois Concealed Carry License for Illinois Residents. they are too small or in an odd shape that prevent their use. Switchblade knives are legal to own and carry in Illinois if the owner possessed a vaild FOID card. I read somewhere that it is legal to possess a switchblade in the state of illinois as long as the blade is under 3 inches, a hunting knife, and only useable while hunting. If you are charged with possession of brass knuckles or arethe victim of a brass knuckle-related crime, you should contact an attorney as soon as possible to discuss your legal options. Some states only ban metallic knuckles, while others ban hardened knuckles of any kind. It will also include excerpts from the law itself and case precedence so you will know exactly what the law means. Switchblades are now legal for valid FOID holders to possess and carry. However, I always have to tell people that Im not a lawyer and you cant take my word as final. Gives a much clearer idea of what you can get here in Illinois. It is one step below a felony offense. if the blade passes outside your palm width its considered deadly because the tip can reach the heart thru thechest, So I have a 4inch blade that I carry on me in my pocket. These are two of the most common blade shapes today. Youll still be subject to municipal laws which may differ from the rest of the state (as in Greater Chicago). Ok I live in chicago can I open carry a knife and if so how long. Crossbows, Common or Compound bows and Underwater Spearguns are exempted from the definition of ballistic knife as defined in paragraph (1) of subsection (a) of this Section. It will always measure less than 3 and they are not very expensive. (a) Legislative findings. Essentially, you cant have/own/carry/conceal any knife with a blade longer than 2 inches if youre under 18. It is stated as being 3.0, comes in several blade types with a neck knife sheath but has two retention rings (one for the index finger and one for the pinky finger). Overview of Illinois Knife Laws Illinois represents one of several states that refer to intent when it comes to determining the legality of possessing a knife. The case of People v. Weger found that a straight-blade razor since it has a legitimate use is not a dangerous weapon per se. and they seem to have no answer. 720 ILCS 5/33A-1 (2013) Legislative intent and definitions. Also if I can in Chicago whenever I go there. The only time the length of the knife blade is mentioned in the law is the section that defines the different Categories (1,2 and 3) of weapons. Schools shouldnt be freked out by it Its a toy. So, when you use the knife for self defense, your intend to use the shiny part to blind them or something? http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=100-0082, Wait so balisongs are legal So trainers are a-ok. (a) Whoever possesses or stores any weapon enumerated in Section 33A-1 [720 ILCS 5/33A-1] in any building or on land supported in whole or in part with public funds or in any building on such land without prior written permission from the chief security officer for such land or building commits a Class A misdemeanor. A open carry hunting knife may slide in some areas of Illinois, but a sword? (9) Carries or possesses in a vehicle or on or about his person any pistol, revolver, stun gun or taser or firearm or ballistic knife, when he is hooded, robed or masked in such manner as to conceal his identity; (b) Sentence. Because Im not a lawyer, I could get into some trouble if I actually gave you information without stating that Im not a lawyer and you need to get your official info from a lawyer or paralegal in the state of Illinois. But obviously a gun would be more effective in warding off an attack if you have enough time and space to do so safely. So, so long you have a FOID, your cool. In World War I and World War II, brass knuckles were often attached to knives to use in trench warfare. It says that having a ballistic knife on you when you are wearing a mask on any property listed above will upgrade the offense from a class 4 felony to a class 3 felony. A 3-inch pocket knife would never be in question as to its legality unless you try to hurt someone. If you can show that you use it primarily as a tool it will be hard to prove carrying it for harmful intent should you have to use it in self defense. Does this carry over to knives as well???? When brass knuckles are used in a fist fight, they can cause serious injuries or death. THE GANG BANGERS CAN GET ANYTHING THEY WANT, AND USE GUNS AND KNIVES ANYWAY THEY WANT. Its not a standard thing to be carrying on your person so it would raise more questions unless you worked for the railroad or something. By FindLaw Staff | Brass knuckles of any type and material are prohibited in Illinois. The possession of each weapon in violation of this Section constitutes a single and separate violation. The State Trooper pulled the client out of the vehicle and placed him under arrest. Effective immediately. The potential to hurt others is always there with brass knuckles. Im confused myself at authors use of grey area with stillettos, its not auto because I need to push a button? Stilletto is not a term for automatic knife but for type of blade design. -Must not be subject to a pending arrest warrant, prosecution or proceeding for an offense or action that could lead to disqualification to own or possess a firearm. Having brass knuckles, even if for self-defense, is illegal, much to the shock of most people. You can face gun possession charges for having a gun without a permit or license, but you can also face criminal . As someone pro gun and pro carry it's kinda bizarre to me how concealable weapons like knives and brass knuckles are so heavily stigmatized or outright illegal when they are all less lethal than a firearm, especially when it comes to things that are actually intended to be less lethal, like saps, batons, and mace. Also known as fist-load weapons, brass knuckles are metal shaped rings designed to fit around four of your knuckles. The reason is they are only designed as weapons. On top of that, having a ballistic knife on you when wearing a mask is class 4 felony. When the State Trooper asked my client if there was anything in the vehicle that he wanted the Trooper to be aware of, the client told him that he had a pair of brass knuckles in the center armrest of his vehicle. Im assuming most of these laws were written to counteract gang violence in South Chicago. When something threatens my rights, KnifeUp is the first to inform me." Whether youre looking to buy a knife, sharpen it or understand the knife laws, KnifeUps 11-year strong library of over 300 pieces of professionally researched content will answer your questions with straightforward answers. So can I carry it? If the cane is used in an unreasonable manner, to repel an unwanted advance by a . Can you modify a knife by covering part of the sharpened blade to effectively make it under 3 inches? Just watch out for Chicago as there is no state preemption. Where are you going with concealed 5 throwing knives? You would think that would keep anyone with bad intent at bay. This includes anything shaped like a brass knuckle, including jewelry, bags, pendants, or necklaces. Wild Kat Keychain. Sadly, there are no stats on how many times a gun has stopped an attack or other crimes without firing a shot. You can NOT use any artifice or creative argument to change the length of a knife. Obviously, it would seem a little unsettling to carry my 7 KA-BAR openly. You do have to have a foid card to buy and carry them. please and thankyou very much! Learn more about FindLaws newsletters, including our terms of use and privacy policy. He did not realize that he could be charged with a Class A Misdemeanor for driving at such an excessive speed. ANYTHING ABOVE 3in blade is illegal to carry without a security clearance. Is it illegal to own a pair of brass knuckles? Hmmm not sure I buy that. People WILL call the police about it and the police will HAVE to investigate. When the State Trooper spoke to my client, he smelled an odor of burnt cannabis and observed a bowl, which the client had used to smoke marijuana, in the center console of my clients vehicle. Penal Code section 12020 (a) (1) makes it a felony (technically, it's a `wobbler` and can be punished as either a felony or a misdemeanor) to possess metal knuckles. Is this legal in Illinois? (just make sure you are well concealed when riding the Metra & CTA). The case of People v. Chrisos found that a piece of broken glass that was 2 to 3 inches in length counts as a dangerous weapon since the edge is a blade. For myself, having looked into this, for EDC, my knife blade of choice is going to be 2-7/8 inches. Thanks! As far as the actual legality, in your shoes I would ask a local para-legal for advice on this matter since it may be close to the border of legal/illegal. FOID card holders can now carry automatics. The legality of self-defense tools includes brass knuckles, clubs, and self-defense wild kat keychains and keyrings. And secondly im still unsure on the limit of blade length allowed for a self defense knife please help, quick test of blade length place your open knife blade across your palm by your 1st knuckle. For example, states such asCalifornia, Michigan, Illinois, and Vermont prohibit the possession, sale, or use of brass knuckles. document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()); We have partnered with BladeHQ to offer the best deals for our readers. I live in SD where the knife laws are pretty much non existent. Folding knife is not illegal in and of itself as long as it is not a switchblade.length of blade is immaterial. This is old information. In other words committing a crime is bad but committing the same crime with a weapon is even worse. I ride the Metra too, and if I had to defend my life, I would rather be defending myself in court instead of hoping the court system would make my death right trying to convict a criminal assailant while Im 6 feet under. Florida law does make it illegal to manufacture, sell, or expose for sale any instrument or weapon of the kind usually known as brass or metallic knuckles. But dont need to get that one officer ???? If youre outside of Metro Chicago, you can pretty much carry anything. Dont carry a samurai sword around town and expect not to cause a panic and get confronted by police. On the other hand, it is illegal to sell, manufacture, or distribute brass knuckles in Florida. I play csgo and want to get a Karambit that looks like one of the knives in the game for show. Provides an exemption from the prohibition on sale, manufacture, purchase, possession, or carrying of a switchblade knife to a person who possesses a currently valid Firearm Owners Identification Card previously issued in his or her name by the Department of State Police or to a person or an entity engaged in the business of selling or manufacturing switchblade knives. This should be pretty self-explanatory. If you disagree, please read through the legalese and show me where Im mistaken. Im thinking of buying a karambit is it illeagal? Is it considered a illegal automatic knife if it is spring loaded when you open it without button pressure? It is now legal to own and carry a switchblade, with a concealed carry permit, of course. There's a fine line between self-defense and assault. or what if I was a knife, is that legal? Its probably ok but I would recommend something a little more standard that would raise less questions. 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