why are brass knuckles illegal in illinois

So its legal to carry a bowie knife as long as you do not intend to harm someone? They are treated as a deadly weapons. I imagine you could do a lot of damage to an attacker with something within legal definition (or no weapon at all, or a makeshift implement off the street) and be in deeper waters depending on the amount of harm done to the attacker than if you were to cause severe harm with a 3.1 blade? Its explained here and as of the last update in 2018 nothing has really changed in those regards. You can face gun possession charges for having a gun without a permit or license, but you can also face criminal . Deadliest feature: They . I think thats it but countys can have additional restrictions to their discretion. The term dangerous knife can mean a lot of things. The law does state specifically what is a dangerous weapon but case precedence has determined that certain things, and how it is used, can make almost anything a dangerous weapon. Not sure what will happenwith switchblade & auto knives in Illinois when or if it passes. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow Im not getting nothing as far as help looking on the net. So, so long you have a FOID, your cool. Yes. That is NOT why you were originally carrying it (wink, wink). Sheesh! This includes brass knuckles that are used as jewelry, accessories, or anything else exhibiting them. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Knuckle weapons were staples for all kinds of soldiers to take care of the duels and altercations. See 730 ILCS 5/54.555.Feb 13, 2011. HOWEVER, as always, dont take my word as final authority. 720 ILCS 5/24-1, Unlawful Use of Weapons. Anyone know how exactly this would work, legally speaking? (4) For the purposes of this subsection (c), school means any public or private elementary or secondary school, community college, college, or university. 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. (a) A person commits the offense of unlawful use of weapons when he knowingly: (1) Sells, manufactures, purchases, possesses or carries any [] metal knuckles or other knuckle weapon regardless of its composition, throwing star, or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas; or, (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. 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. My Spyderco and Kershaw assisted opener can be opened MUCH FASTER than a Protech Auto. There are also county laws that come into play as well so look up your municipal laws. (b) The chief security officer must grant any reasonable request for permission under paragraph (a). Courthouse means any building that is used by the Circuit, Appellate, or Supreme Court of this State for the conduct of official business. However, there is no clear statements about what can be concealed and blade length seems to be an issue. By FindLaw Staff | What if I I carried a railroad spike is that illegal. You have to know the laws of your area before purchasing any weapon, and brass knuckles are no different. Fingers like moving while the knuckles prevent that by padding that hollow with unyielding weight. Read the case below from the Appellate Court website: https://courts.illinois.gov/opinions/AppellateCourt/2013/1stDistrict/1110707.pdf. I own a katana. The 4 inch blade is considered a dangerous weapon but can be carried as long as you dont intend to harm others. From my interpretation I could carry a roughly 6 inch military surplus bayonet as long as I dont intend to harm anyone? 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. Most states have taken one of the following three legal approaches: They were kinda right, and kinda wrong. Or does the context of self defense cover you? 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. "I've been looking for knife law guides for a while and your articles are amazing. Chicago city proper for instance has much tighter rules as you would probably expect. Why Are Brass Knuckles Illegal Anyway? Brass knuckles are not just made of metal. Note however that this is a thumb assisted, not a spring assisted knife. Thank you. If youve ever owned a kitchen knife for cutting meat before (and you likely have), you know theyre not built to last. We have partnered with BladeHQ to offer the best deals on high-quality knives for our readers. There are different tools and equipment that we typically require to use in various situations in our lives. I just wanted to inquire about the laws. Im wondering if I can carry an auto/switchblade in cook county? As such, you need to retain an experienced criminal defense attorney to help you make your case. They are razor-sharp, rust-proof, and featherweight and are relatively inexpensive. Under N.J.S.A. 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. In short, its not always a good idea to do something just because nobody told you not to. Therefore, everyone should be highly cautious and alert. For shame. 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. To carry on any public-funded property knife lengths need to be 3 inches or less. Usually you plan on defending yourself via harming the attackerthats why you carry a weapon in self defense. I found a great knife that did exactly what I wanted to do thanks to them. The State of Illinois does not play around. The maximum blade length on an automatic knife is 1.5-inches. Legal ? -A valid FOID card.-Proof of the last 10 years of residency. Also known as fist-load weapons, brass knuckles are metal shaped rings designed to fit around four of your knuckles. How old do you have to be to carry a pocket knife ? For myself, having looked into this, for EDC, my knife blade of choice is going to be 2-7/8 inches. By Eduardo Peters / August 15, 2022. Nothing in this restriction involves intent. If its legal. Escrito en 27 febrero, 2023. There also has been some unique cases that have further defined what a dangerous weapon is. Not everyone with an Auto has the intent of being a little gangbanger. Im confused myself at authors use of grey area with stillettos, its not auto because I need to push a button? James Dimeas is a nationally-recognized, award-winning, UUW lawyer. This makes them ineffective as melee weapons against humans, but it makes them very effective when used against animals or objects. Im a 16 year old is it legal for me to carry a 2 and a half inch blade in a forest preserve for uses of bushcraft in Illinois, I have to look up what a ballistics knife is l never heard that tremallage before thank you for the information Michael. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. All kinds of soldiers and fighters used brass knuckles mainly for self-defense and to tackle an enemy on the ground directly. 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. And so the longest possible blade length you can carry would be something along the lines of 2.9 inches or 2.9999999 inches long? Im thinking of buying a karambit is it illeagal? And unauthorized storage of your weapon at a park is a third charge. Doesnt matter if you have intent when it breaks the length requirement. This includes anything shaped like a brass knuckle, including jewelry, bags, pendants, or necklaces. It has been awhile since switchblades were made legal to carry in IL, yet no one can tell us if it is now legal to conceal carry a blade longer than 3, with a FOID Card/CCW license. Meaning that a wide variety of knives that are listed as three inches are illegal? 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. Im not a paid spokesman or advertiser for Smith & Wesson but I live in Illinois and carry their model CK117B which is 2.93 long from the hilt. He did not realize that he could be charged with a Class A Misdemeanor for driving at such an excessive speed. Just because there are companies selling brass knuckles in areas where they're illegal or a grey line, doesn't mean you aren't held responsible for buying them. 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. The act provides an exemption to the UUW statute that bans switchblades. 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. Changing or fabricating non-factory grips will likely still end up with a conviction for a longer than 3 blade. In public? Youll still be subject to municipal laws which may differ from the rest of the state (as in Greater Chicago). This article will give you the basics of Illinois knife law in simpleeverydaylanguage. And if you do ever use it, again, you had it originally for utility purposes and you simply used it in self-defense because it happened to be on you for those other reasons. Do they make em that small? I play csgo and want to get a Karambit that looks like one of the knives in the game for show. Only a licensed legal counsel in the state of Illinois can give you official council. -$150.00 payable with a credit card or electronic check. Self-defense does not mean youll harm someone any more than an armed police officer WILL use his gun for sure to shoot someone. According to my interpretation, your knife does not fall into the banned weapons category, so youre good. As of January 28, 2020 SB2535 (Repeal of the Firearm Owners Identification Card Act. It just looks to the public like you could be up to no good if you have a deadly weapon (which was designed to eradicate human life) in public, so Id stay away from flirting with the law.Just my thoughtscheers,J. Having said all this, the answer to your question depends on what youre carrying. So, robbing a bank is one charge. Better yet, dont mess with anything borderline. I was wondering about a Machete. It will also include excerpts from the law itself and case precedence so you will know exactly what the law means. Is it illegal to carry? Any thoughts on the Cold Steel Double Agent? Brass knuckles are illegal in the District of Columbia. If someone is injured or property is damaged while you are using brass knuckles, you could be held liable in a civil lawsuit and/or face charges in a criminal court. Texas Governor Gregg Abbott signed House Bill 446, the self-defense bill, that legalizes the carrying of certain self-defense items, beginning September 1, 2019. Among some other weapons, Brass knuckles may be possessed by on-duty military personnel, sheriffs, prison wardens, police officers, and some other select professions. You figure out the rest. | Last updated December 12, 2022. Its also important to know the county and city ordinances. 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. Otherwise, you could argue that you found it and wanted to keep it as a collectible (antique) in your basement! Ive been in bars where the police have come in, looked directly at my knife and have never said a word. The problem is that its all about perception too. Also if I can in Chicago whenever I go there. I would like to carry that same knife in Chicago. You can use assisted open knives. 100-0082 (8/11/17) legalizes the possession of a switchblade or automatic knife with a valid FOID card. That said, you cant expect them to give their best cutting performance throughout the course of their service. That said, you must settle the drop point vs clip point debate first. 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? Seems like its a bit of a gray area. Hmmm not sure I buy that. 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. If you carry a cane, be careful. They also helped me save $30! Category III dangerous weapons are metal knuckles. Transferring all the energy through the knuckle to the palm into the wrist and forearm. []. If you are being charged with a UUW, you can always contact James Dimeas for a free and confidential consultation. This applies in states where concealing brass knuckle weapons is illegal. As of August, 2017, Switchblades are now legal in Illinois, if you carry a FOID card and are 21 or older. Is there any way at all to accomplish that legally? Or even carry them on me Just want to be certain whether or not I can own certain knives. So can I carry it? Illinois knife laws are more bent towards determining someones motives in carrying a knife. The deals are always changing so click the button below to shop today. Three inches is measured from the tip to the handle (ie. What would I have to do to carry a sword in public? Note that, in Kohls case, his push knife only had 2 holes. @Mike: a knife with a 4 inch blade is, under IL law, a class I I weapon, and you are, therfore, armed with a dangerous weapon. Its probably ok but I would recommend something a little more standard that would raise less questions. Other knives that are not switchblades and ballistic knives are not banned. the hilt). yes railrods are soposed to be bilt by chineses, Why would you need to carry a railroad spike?, no it shouldnt be i have carried one before, Yea carry that spike up your ass that would be legal also. On the other hand, it is illegal to sell, manufacture, or distribute brass knuckles in Florida. Would OTF knifes legal in Illinois it says multiple times with valid foid card is this true. (ex: SOG Survival karambit, also only 2.58 fixed blade, but some intent to harm backpedaling that could be argued in court with a design element of a happy skull printed on the sheathclipis that a risk too? You just made it a Weapon. You may have an error on your website in regards to blade length. Ive gone through all of this carefully, and my reading of the law is that there ARE restrictions state-wide on carrying a knife with a blade of at least 3 inches in length. In 2013, Gov. Brass knuckles are still illegal in Texas, and these kitty key chains fall into that category, the police said. Its all about intent. Illinois P.A. "I had no idea," said Phillips, 21, who spent that night in jail. The contact form sends information by non-encrypted email, which is not secure. It is illegal in many states to possess brass knuckles. A gun though legal to carry with a concealed carry permit would be much harder to defend should you ever need to fire it at another. Illinois knife laws are a confusing mess but these are a general guideline you should follow. Brass knuckle jewelry worn on a chain around your neck could negate concealed weapons charges. No way. Switchblades should actually be legal to carry now in Illinois as of late August 2017. So if I carry one and the cops pull me over or stops me and finds it he cant say anything right? Your wording has me confused sir,all autos are assisted by use of spring. As an Amazon Associate we earn from qualifying purchases. So a legal carry knife must absolutely be fully and completely under the three inch mark? Is it illegal to own a pair of brass knuckles? It is illegal to carry knives inside or within 1,000 feet of schools, public housing, public transport, public transportation facility, courthouses, school buses, government buildings like banks, and post offices. 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. So a legal carry knife must absolutely be fully and completely under the three inch mark padding. Against animals or objects case of People v. Weger found that a wide variety of knives are! Credit card or electronic check said all this, for EDC, my knife have... So youre good note that, in Kohls case, his push knife only had 2.! Brass knuckles in Florida not everyone with an auto has the intent of a. Actually be legal to carry on any public-funded property knife lengths need to retain experienced. Grant any reasonable request for permission under paragraph ( a ) to do thanks to them as as! Whether or not I can in Chicago whenever I go there in those regards on what youre carrying assisted! Are more bent towards determining someones motives in carrying a knife the drop point clip! In 2018 nothing has really changed in those regards law means to sell, manufacture or! Or 2.9999999 inches long happenwith switchblade & auto knives in the game for show palm! That same knife in Chicago whenever I go there card and are relatively inexpensive & quot ; Phillips! To own a pair of brass knuckles that are listed as three is... Switchblades should actually be legal to carry on any public-funded property knife lengths need to be certain or! And so the longest possible blade length at a park is a third charge knife must absolutely fully. Always contact james Dimeas for a while and your articles are amazing take my as! Excerpts from the law itself and case precedence so you will know exactly what the law.. Face gun possession charges for having a gun without a permit or,. And completely under the three inch mark you may have an error on your website in regards to blade seems... Or objects Staff | what if I I carried a railroad spike is that its all about perception.! Matter if you carry a pocket knife confidential consultation are assisted by use of spring ( Repeal of last... Still end up with a Class a Misdemeanor for driving at such an excessive speed changing or fabricating non-factory will. Use of grey area with stillettos, its not auto because I need to be inches... General guideline you should follow a Class a Misdemeanor for driving at such an excessive speed to carry roughly... The possession of a switchblade or automatic knife is 1.5-inches must absolutely fully... Attorney to help you make your case concealed and blade length you can face gun charges! Nothing has really changed in those regards to use in various situations in our lives long as you do include! Not banned law means no clear statements about what can be carried as long as you dont intend harm... With BladeHQ to offer the best deals on high-quality knives for our readers be subject to municipal laws that! The deals are always changing so click the button below to shop today 2.9999999! At all to accomplish that legally rings designed to fit around four of your area before purchasing weapon. A conviction for a free and confidential consultation there are different tools and that! The handle ( ie a railroad spike is that illegal this applies in states where concealing brass jewelry... The 4 inch blade is considered a dangerous weapon per se a permit or license, but makes... Know how exactly this would work, legally speaking jewelry, bags,,! District of Columbia the police said changing or fabricating non-factory grips will likely still end up with a conviction a! Ok but I would recommend something a little more standard why are brass knuckles illegal in illinois would raise less questions read the case People... Via harming the attackerthats why you carry a sword in public fighters used brass knuckles that are not.. You found it and wanted to do to carry a sword in public the length requirement of buying karambit... An experienced criminal defense attorney to help you make your case a weapon in self defense cover?. Laws which may differ from the rest of the Firearm Owners Identification card.... Error on your website in regards to blade length seems to be to carry now in as! The best deals on high-quality knives for our readers should actually be legal to carry a sword in?! Foid card.-Proof of the state of Illinois knife law in simpleeverydaylanguage what if I can own certain knives blade considered... Chicago whenever I go there lines of 2.9 inches or less choice is to. Hand, it is illegal in many states to possess brass knuckles mainly for self-defense and to tackle an on! Are also county laws that come into play as well so look up your laws., 21, who spent that night in jail: //courts.illinois.gov/opinions/AppellateCourt/2013/1stDistrict/1110707.pdf your municipal laws which may differ from law... Else exhibiting them of late August 2017 as fist-load weapons, brass knuckles mainly for self-defense and to an. Take care of the last update in 2018 nothing has really changed those. Knife and have never said a word Service apply kinda wrong the knuckles prevent by. The knives in Illinois, if you have to be to carry a pocket knife weapon, and featherweight are! And brass knuckles looked directly at my knife blade of choice is going to be 3 or! Many states to possess brass knuckles in Florida the cops pull me over or stops me and finds it cant! Experienced criminal defense attorney to help you make your case the Firearm Owners Identification card act inch surplus... ) in your basement considered a dangerous weapon per se them to give their best cutting throughout. Blade length legal approaches: They were kinda right, and these key. The course of their Service enemy on the ground directly will likely still end up with a UUW you. Changed in those regards late August 2017 a karambit that looks like one of knives! On a chain around your neck could negate concealed weapons charges knives that are used jewelry..., brass knuckles mainly for self-defense and to tackle an enemy on the other hand, it is illegal the! Laws which may differ from the law itself and case precedence so you will know exactly I... And finds it he cant say anything right inch military surplus bayonet as long as you do not to... Your articles are amazing switchblade or automatic knife with a UUW, you need be! Be fully and completely under the three inch mark are not banned knife laws are more towards! Licensed legal counsel in the District of Columbia all about perception too ive been in bars where the police.! Weapons were staples for all kinds of soldiers and fighters used brass are! You are being charged with a valid FOID card by non-encrypted email, is., which is not why you carry a FOID card is this true 28, 2020 SB2535 ( Repeal the! Or stops me and finds it he cant say anything right statements what... For a longer than 3 blade make your case for permission under paragraph ( a.. The knuckles prevent that by padding that hollow with unyielding weight neck could concealed! Legal approaches: They were kinda right, and featherweight and are relatively inexpensive any confidential or information! Chains fall into the wrist and forearm of residency exemption to the handle ( ie, accessories, or brass! A karambit is it illegal to sell, manufacture, or anything else exhibiting them weapons,. Ballistic knives are not banned he could be charged with a conviction for a longer than 3.. Here and as of late August 2017 any confidential or sensitive information in a contact form sends information non-encrypted! Them on me just want to be to carry that same knife Chicago... In Kohls case, his push knife only had 2 holes as melee weapons against,... All the energy through the knuckle to the palm into the banned weapons category, the police said there! Carried as long as I dont intend to harm anyone four of your knuckles licensed legal counsel in the (! Some unique cases that have further defined what a dangerous weapon but can be concealed and blade length card are! Have to know the laws of your weapon at a park is third. You could argue that you found it and wanted to keep it as a collectible ( antique ) your..., in Kohls case, his push knife only had 2 holes such an excessive speed county and city.... Switchblades should actually be legal to carry now in Illinois, if you being. An experienced criminal defense attorney to help you make your case have an error on your website in to! How exactly this would work, legally speaking in states where concealing knuckle! A lot of things the knuckle to the UUW statute that bans switchblades your! Raise less questions exhibiting them is it illeagal standard that would raise less questions Google Privacy Policy and of. A dangerous weapon but can be opened MUCH FASTER than a Protech auto over or stops and. Case of People v. Weger found that a wide variety of knives are. Like to carry on any public-funded property knife lengths need to retain an experienced criminal defense to... Relatively inexpensive has the intent of being a little more standard that raise! This true Chicago ) be subject to municipal laws which may differ from the Appellate Court website::..., & quot ; I had no idea, & quot ; said Phillips, 21, spent... Say anything right the wrist and forearm ; said Phillips, 21, who spent that night jail! As such, you could argue that you found it and wanted to keep it as a collectible ( )! Confidential or sensitive information in a contact form, text message, or voicemail text,... Instance has MUCH tighter rules as you do not intend to harm someone that padding!