why are brass knuckles illegal in illinois

16 for a folding knife under 16 and 18 for anything over. That effectively means no to the following: Any public: buildings, housing projects, streets, sidewalks, parks, forest preserves, highways, buses or trains or their terminals, ANY schools or school-owned property (even private schools, including colleges), courthouses. Its only 4 1/2 inches long. I travel in and around Chicago daily and needless to say there are some bad neighborhoods. Category II dangerous weapons are daggers, dirks, switchblades, stilettos, axes, hatchets, knives with blades over 3 inches, and other similar weapons. If it doesnt look like youre trying to hurt anyone in a suspicious situation, then you should be okay (as I read the law). Public Act 100-0082 does not require a firearms concealed carry permit in order to possess and carry an automatic knife. OK, every weapon that I own is a category two, if I was to carry one of these weapons would I be charged with a felony, and if I were to conceal one of these would I be charged with a felony? We reviewed 5 of the leading ceramic knife sets on Having a tool in your kitchen is essential, but the same tool becomes worthless if you dont know how to use it effectively. By Eduardo Peters / August 15, 2022. Can the mere fact that you were carrying a knife be considered implied intent to harm if any number of under-3-inch tools are used to defend oneself and causing a severe physical consequence against the attacker you defended yourself against thus making the legal punishment harsher? This should be pretty self-explanatory. If you are outside your home state, be sure to check the applicable local and state regulations governing the use of brass knuckles. Over 3 inches? We have partnered with BladeHQ to offer the best deals on high-quality knives for our readers. However, for what its worth, the ordinance is fairly clear when it comes to knives in Chicago. 720 ILCS 5/33A-1 (2013) Legislative intent and definitions. The maximum blade length on an automatic knife is 1.5-inches. Autos have spring. Though probably not expressly illegal to carry, a railroad spike has one use and one use only; railroads. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. I only want to conceal them because I dont want customers that I visit to think Im a crazy psycho if I walk in to their businesses with a sheath of 3 or 6 knives on my belt.Thanks for your help,Redhat. In some areas only the metallic varieties are considered illegal, whereas in others brass knuckles are legal providing they are not used with criminal intent. What Im curious about is could I possibly open carry my Ka-Bar in illinois and if not, will I have to resort to one of my smaller foldable karambits. Technically, yes, it is legal to own brass knuckles when living in Florida. Having brass knuckles, even if for self-defense, is illegal, much to the shock of most people. NO WAY! On the other hand, it is illegal to sell, manufacture, or distribute brass knuckles in Florida. I work for Cutco, the company that manufacters the KA-BAR knives for our military, and police forces worldwide. Or even carry them on me Just want to be certain whether or not I can own certain knives. 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. See 730 ILCS 5/54.555.Feb 13, 2011. It also says; No person shall carry concealed on or about his person a dagger, any knife with a blade more than two and one-half inches in length, or other dangerous weapon. Illegal in many states, brass knuckles are dangerous weapons. I guess my question is, how long of a blade can I open carry? However, there is no clear statements about what can be concealed and blade length seems to be an issue. The state of Illinois only banned the possession of throwing stars, switchblades, ballistic knives, and knives that open with a press of the button. I have a sheathed knife that is just under 5 and a half inches and i am 16 years old is it illegal to conceal cary a knife that long at my age do I need some sort of permit? They are razor-sharp, rust-proof, and featherweight and are relatively inexpensive. Note however that this is a thumb assisted, not a spring assisted knife. WHYCANT I HAVE THE SAME TO MAKE MY LIFE EASIER. Keep in mind that Im not allowed by law to give you official legal advice, so my disclaimer is that you need to get official advice from legal counsel in the state of Illinois. Black jacks and brass knuckles are only good for an offensive use. To make matters more confusing, there are even more local laws distinct from other local laws, like in Cook County. So technically open carrying a bigger knife such as a hunting knife is ok as long as I dont have intent to harm and its sheathed? I think an answer to that would clarify all the other scrabble. The Launch 4 is California legsl. Folding knife is not illegal in and of itself as long as it is not a switchblade.length of blade is immaterial. Illinois P.A. THANK YOU. No how. 1) ANY knife with A BLADE OF AT LEAST 3 INCHES IN LENGTH is enumerated as being a dangerous weapon in Section 33A-1 [720 ILCS 5/33A-1. While the group Individual Defensive Tactics says the keychain is legal in most states, you should probably check with your local police department. Long story short, your knife is fine to carry. After you explain its for self-defense, hed probably look at you strangely and wonder why you wouldnt choose pepper spray or something much easier to use and more effective against one or more attackers. Please answer. Work, hunting, opening mail. (can be obtained through link on ccl4illinois.com). AUTOMATIC KNIVES are ILLEGAL IN ILLINOIS UNLESS YOU CARRY A VALID FOID (FIREARMS OWNERS IDENTIFICATION) CARD! Thanks! Having said all this, the answer to your question depends on what youre carrying. http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=100-0082, Wait so balisongs are legal So trainers are a-ok. Update: as of 2017 switchblade are now legal in Illinois for residents with valid Illinois FOID cards. Having a dirk, razor, stiletto, switchblade, ballistic knife, or any other dangerous weapon at a place listed above will cause the class A misdemeanor to increase to a Class 4 felony. Brass knuckles are legal in many states, but they are illegal in California, Michigan, Illinois and Vermont. You can NOT use any artifice or creative argument to change the length of a knife. I used to live in Chicago. I wanted to flip while i walk to the gym just i dont want to get my balisong taken away. If the knives never leave my home, is it illegal? If you are caught with brass knuckles at a place that is licensed to sell alcohol, or at any place that has received a government license to have a public gathering, or any place that charges people a fee, you could be charged with a Class 4 felony, which carries a possible prison sentence of 1 to 3 years. However, the case of People v. Kohl in 2006 found that, just because a push knife that has two holes to put your fingers through does not make it a metal knuckle. To carry on any public-funded property knife lengths need to be 3 inches or less. In August of 2017, Illinois Public Act 100-0082 was revised to allow for ownership and carry of a switchblade knife as long as you posess a valid Firearms Owners Identification (FOID) card. I open carry an 8 inch (The blade is 8 inches) Ka-Bar knife in a sheath on my hip. A Class A misdemeanor offense is ranked as the most serious misdemeanor. You just made it a Weapon. Just an update. This needs to be updated. Some states have recognized this as an exception to the automatic knife restrictions. The fact that you would probably use it in self-defense in extremis should not be mentioned. Injuries from brass knuckles can be severe, as the weapons are composed of hardened material. The legislature finds and declares the following: (1) The use of a dangerous weapon in the commission of a felony offense poses a much greater threat to the public health, safety, and general welfare, than when a weapon is not used in the commission of the offense. In this article, were told that any knife can be carried as long as there is no intent to harm anyone. Now while Id say a 4inch blade is fine Im no lawyer or anything so I may be wrong but I do believe thats what the law was saying. To be safe, Id make the knife small and non-aggressive looking (ie. I have my foid card and live in IL, far from Chicago, (down by St Louis), but not sure if the blade length will get it confiscated or not. Am I reading this correctly that the knife blade is illegal to carry if it is three inches or more? Nice sum up of the laws. The 4 inch blade is considered a dangerous weapon but can be carried as long as you dont intend to harm others. The Law Around Brass Knuckles Legality of Brass Knuckles Before we start, check your local laws before making a purchasing decision. The possession of each weapon in violation of this Section constitutes a single and separate violation. A open carry hunting knife may slide in some areas of Illinois, but a sword? You can carry a 10 hunting blade if your intent is to hunt. Carrying that is more trouble than its worth. Nothing in this restriction involves intent. Under N.J.S.A. This article will give you the basics of Illinois knife law in simpleeverydaylanguage. It will always measure less than 3 and they are not very expensive. Please try again. One may carry a knife as long as there is no intent to harm another person. Didnt read whole page, so I might have missed it but as of August 2017, switchblade are legal as long as you have a FOID and are 21. You can research state laws (as I do) on each states homepage where all the statutes are listed. 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. Good citizens pay the price, once again, for the criminal actions occurring in areas heavily populated by certain minorities. cheers. Category III dangerous weapons are metal knuckles. Would love to hear feedback on this. (b) The chief security officer must grant any reasonable request for permission under paragraph (a). However, intent is not the only criterion for determining how to write Illinois knife laws. So, so long you have a FOID, your cool. Recently, Attorney and Practice Magazine gave James Dimeas, its Top 10 Criminal Defense Attorney Award for Illinois. The National Academy of Criminal Defense Attorneys gave James Dimeas its Top 10 Attorney Award for the State of Illinois. The American Institute of Criminal Law Attorneys named James Dimeas a 10 Best Attorney for Client Satisfaction. The American Society of Legal Advocates named James Dimeas a Top 100 Criminal Defense Lawyer in the State of Illinois For the Years 2018 and 2019. James Dimeas was named a Best DUI Attorney and a Best Criminal Defense Lawyer in Chicago by Expertise. I HAVE ARTHRITIS AND IT IS SO MUCH EASIER FOR ME TO OPEN.I USE IT MAINLY TO OPEN LETTERS OR PACKAGES. Visit our attorney directory to find a lawyer near you who can help. Is it illegal to own a pair of brass knuckles? brass knuckles illegal. By FindLaw Staff | Knuckles turn your fragile fist into a brick of Stone & bone. As such, you need to retain an experienced criminal defense attorney to help you make your case. A Category II weapon is any other rifle, shotgun, spring gun, other firearm, stun gun or taser as defined in paragraph (a) of Section 24-1 of this Code [720 ILCS 5/24-1], knife with a blade of at least 3 inches in length, dagger, dirk, switchblade knife, stiletto, axe, hatchet, or other deadly or dangerous weapon or instrument of like character. Thanks. Other states, like South Carolina, make possession of brass knuckles illegal only if someone uses them with an intention to commit a crime. This law says that, if you commit a felony with a dangerous weapon and hide it at a place funded by the public, you will be slapped with a Class A misdemeanor in addition to your other charges. The main reason they are likely still banned is that no one cares. or a less than 3 curved like the spyderco Harpy? Do they make em that small? If you are caught with brass knuckles, you will be charged with Unlawful Use of a Weapon, a Class A Misdemeanor. Im sorry Im so confused. These are illegal to use in Illinois. Brass knuckles are illegal in some states because they can cause serious bodily injury and death to individuals. I wised up and left. Carrying a cane or walking stick for self-defense is also legal in Oklahoma. A school is defined as any public or private elementary or secondary school, community college, college, or university. Read the case below from the Appellate Court website: https://courts.illinois.gov/opinions/AppellateCourt/2013/1stDistrict/1110707.pdf. 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. FOID owners can now possess and carry Automatics/switchbladesAs of 8/11/2017,SB-0607 Amends the Criminal Code of 2012. 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? 2019s Changes to the Illinois Gun Laws, Chicago Criminal Lawyeer Blog, by James G. Dimeas, January 5, 2019. Checklist prior to applying for an Illinois Concealed Carry License for Illinois Residents. It seems silly that brass knuckles are still illegal when all 50 states have some manner of legally carrying a handgun. South Carolina only bans brass knuckles if they are used with the intent to commit crimes. Brass knuckles are still illegal in Texas, and these kitty key chains fall into that category, the police said. Three charges for one crime! Yes. Some knives that are considered illegal have specific exceptions depending on the carrier. When charged as a felony, one faces three years in prison. I certainly dont intend to harm anyone with my collection. Brass knuckles are not expressly prohibited in Idaho, which means they are legal in certain situations. So there is no exception for handicapped people with say one hand or arm? I know in many states you cant do that and the Police wont even allow swords in your car unless youre a collector or re-enactor just transporting a sword, and even then it has to be wrapped and packed in a certain way. -A valid FOID card.-Proof of the last 10 years of residency. | Last updated December 12, 2022. If youre outside of Metro Chicago, you can pretty much carry anything. Although injuries from brass knuckles are usually serious but non-fatal, there are some cases where the use of brass knuckles has resulted in death. An attorney can assist in resolving any legal issues you may be facing. Would OTF knifes legal in Illinois it says multiple times with valid foid card is this true. There's a fine line between self-defense and assault. Yes I totally agree. We have gun rights organizations and knife rights organizations, but no one cares about knuckles. Is it illegal to own brass knuckles in the US? State law defines intent as attempting to injure another person by using a knife. It is for self defense and outdoor purposes, also am I allowed to have it in my car. They also helped me save $30! Better yet, dont mess with anything borderline. Any thoughts on the Cold Steel Double Agent? Is there anything that can be said about this? Im confused What AGE do you have to be to purchase a survival knife? Hey Gina;As always, we need to say were not lawyers and cant give you official advice. The governor signed a bill repealing the switchblade ban. Does having a concealed carry permit allow you to carry an automatic knife? Is it illegal to carry? Doesnt matter if you have intent when it breaks the length requirement. The knives you just place between your fist, basically a knuckle or fist knife. (2) Carries or possesses with intent to use the same unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser or any other dangerous or deadly weapon or instrument of like character; or. Obviously, it would seem a little unsettling to carry my 7 KA-BAR openly. Carrying one when you have no railroad-related business is probably going to look suspicious, and many times its up to the officer on the scene to discern weather or not youre up to no good.Additionally, it could easily be considered as a Billy club. Meaning the blade must be UNDER 3.0? Its all about intent. What about swords? Is an assisted knife counted as a switch blade. Brass knuckles are considered a deadly weapon in Illinois, just like a knife or a gun. Most states have taken one of the following three legal approaches: I dont understand why in the world auto knives are banned. So, when you use the knife for self defense, your intend to use the shiny part to blind them or something? The other police officer said legal or not, hell arrest any questionable or suspicious individual carrying anything other than what he considers a standard folding pocket knife. Brass knuckles - unsurprisingly, any metal knuckles, not just brass, are illegal. -Must have not been convicted or found guilty of a misdemeanor involving the threat of physical force or violence to any person within the past five years. Firms, Complaint For Loss Due To Product Defect and For Discovery, What it means to be charged with violating your state's brass knuckle law, including elements of the crime, potential defenses, and negotiating any possible plea deal, If you or a loved one has been the victim of brass knuckle violence, whether you can recover damages from the assailants, their employers, or a third party that may have had a duty to prevent brass weapons from being used. If I get caught with a switchblade, how much is the fine or punishment? I have a 4 inches long blade knife with sheath is that illegal where can I get a license for it in Illinois. I wish to carry a hunting knife with a blade of 6 inches or more not only while hunting but outside on private property and sometimes while walking park trails where we walk our dog. (5) For the purposes of this subsection (c), public transportation agency means a public or private agency that provides for the transportation or conveyance of persons by means available to the general public, except for transportation by automobiles not used for conveyance of the general public as passengers; and public transportation facility means a terminal or other place where one may obtain public transportation. Legal information and resources on the web for Client Satisfaction from brass knuckles not. Bill repealing the switchblade ban 16 and 18 for anything over that this is thumb! 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