why are brass knuckles illegal in illinois
On switchblades or automatic knives. On the other hand, it is illegal to sell, manufacture, or distribute brass knuckles in Florida. Three inches is measured from the tip to the handle (ie. Switchblades should actually be legal to carry now in Illinois as of late August 2017. -No objections are filed by law enforcement. LOL! These states put brass knuckles in the same category as machine guns, blackjacks, sandbags, knuckle dusters, switchblades, billy clubs, and other illegal weapons. Youd have to get that from a lawyer in Illinois. You would think that would keep anyone with bad intent at bay. All kinds of soldiers and fighters used brass knuckles mainly for self-defense and to tackle an enemy on the ground directly. Escrito en 27 febrero, 2023. Does the certain grip from two retention rings imply it might be construed as a stabbing weapon (ie: a weapon for inflicting harm) thereby baking in intention of use or can we expect a less subjective reading of how the knife is defined and be able to rely upon the objective standards stated in the definition?In short, is that particular knife line Illinois legal? Name The measurement from the hilt to the tip is under 2 and 3/4 inch.Its a beautiful knife with a black case that slips on your belt. yes, even if it was a battery charge the thing is WERE YOU CONVICTED & FOUND GUILTY, So if you carry a knife for self defense does that count as intent to harm? If someone is injured or property is damaged while you are using brass knuckles, you could be held liable in a civil lawsuit and charged with a crime. 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. If youre outside of Metro Chicago, you can pretty much carry anything. The paragraph in the Illinois criminal code 5.33 which discusses the 3 blade length is the paragraph of the code discusses aggravated offenses. Doesnt matter if you have intent when it breaks the length requirement. I have a karambit but I dont know if it is illegal to carry around or not. (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? Gives a much clearer idea of what you can get here in Illinois. The case of People v. Gazelle found that the knife ban in section (a)(1) only applies to switchblade knives or ballistic knives. A person convicted of a violation of subsection 24-1(a)(1) through (5) [] commits a Class A misdemeanor. As of January 28, 2020 SB2535 (Repeal of the Firearm Owners Identification Card Act. Effective immediately) was introduced into the Illinois General Assembly. Ok I live in chicago can I open carry a knife and if so how long. 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. To carry on any public-funded property knife lengths need to be 3 inches or less. Some states have recognized this as an exception to the automatic knife restrictions. Is it considered a illegal automatic knife if it is spring loaded when you open it without button pressure? you MUST GET WRITTEN PERMISSION from whoever is in charge of security for each and every property (by building if they have their own security) and also by each town, city, state agency, etc. 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. Illinois Law places brass knuckles in the same category as a gun or a knife. -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. Like any dangerous weapon, brass knuckles always have the potential to hurt others, whether purposely or accidentally. I have a butter knife, is ok to butter my bread, or will the over bloated gubboment come and arrest me? 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. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. I want to get a knife that is longer than 3 inches and assume I could cover part of the blade with griptape to effectively shorten the overall actively sharp part of the blade. It looked like the way Coldsteel got to that measurement was by measuring a straight line from the hilt and along the spine so the distal 3.0 inch mark was actually off the blade with the curve leading down away from the ruler. 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. 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. And theres also no concealed language that Ive seen. If youre not arrested on the spot, youll be causing all sorts of commotion and calls to the police. Would OTF knifes legal in Illinois it says multiple times with valid foid card is this true. Are push knives illegal? Illinois knife laws are more bent towards determining someones motives in carrying a knife. i openly carry my knife always, people will always assume the worst, if you are not threatening in any way, there should not be a problem. The Law Around Brass Knuckles Legality of Brass Knuckles Before we start, check your local laws before making a purchasing decision. Im 12 and I need to know if it is legal for me to carry a concealed boot knife for self defense. Here is what case precedence and the legislature has determined. Used on one or both hands, brass knuckles are illegal in most states. whose property you wish to carry on. (can be obtained through link on ccl4illinois.com). It depends on where you are in IL and the situation. Meeting with a lawyer can help you understand your options and how to best protect your rights. If you are thinking about purchasing a self-defense weapon, it is important to research the laws in your state to make sure you are legally allowed to carry the weapon. Black jacks and brass knuckles are only good for an offensive use. The knives in tobacco shops here,all spring assisted are legal. James Dimeas has been handling UUW and brass knuckle cases throughout Chicago, Cook County, DuPage County, Kane County, and Lake County, for over 27-years. 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. It seems silly that brass knuckles are still illegal when all 50 states have some manner of legally carrying a handgun. Im assuming most of these laws were written to counteract gang violence in South Chicago. Knife laws in Illinois can be quite confusing. This section of the law also gives us a good idea of what the legislature means when they say dangerous weapon.. Its also important to know the county and city ordinances. What would I have to do to carry a sword in public? This is just my two cents worth. 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. Can I be Guilty of a UUW by Just Having a Gun in My Glove Compartment, Chicago Criminal Lawyer Blog, by James G. Dimeas, May 2, 2017. Chicago city proper for instance has much tighter rules as you would probably expect. Is this ok? 2019s Changes to the Illinois Gun Laws, Chicago Criminal Lawyeer Blog, by James G. Dimeas, January 5, 2019. It would be an aggravating factor if used in the commission of a crime. 33 Reply [deleted] 7 yr. ago Automatic knives are in the gray area since they are activated by pressing a button but balisong knives are legal. No way. Thats just my 2 cents.cheers,J. Injuries from brass knuckles can be severe, as the weapons are composed of hardened material. If youve ever owned a kitchen knife for cutting meat before (and you likely have), you know theyre not built to last. Thus, would it be construed that Im carrying a knife for the purpose of harming another? 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. However, many questions will probably have to be directed to a state attorney or para-legal for official clarification. A 1958 federal ban that remains in place forbids the manufacture, importation . All I hear is that there is no limit to what size but then I hear only 3 inches is allowed. Anonymous brass knuckles) are illegal under California law. Thats my opinion as always, only a licensed legal counsel in the state of Illinois can confirm anything official. So there is no exception for handicapped people with say one hand or arm? New Jersey law lists particular weapons that you cannot own. I travel in and around Chicago daily and needless to say there are some bad neighborhoods. (e) Exemptions. Each blade 3 Ways to Actually Sleep When Camping in a Hammock. 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. If the cane is used in an unreasonable manner, to repel an unwanted advance by a . Brass knuckles are legal in many states, but they are illegal in California, Michigan, Illinois and Vermont. If you are being charged with a UUW, you can always contact James Dimeas for a free and confidential consultation. Brass knuckles are illegal in the District of Columbia. Work, hunting, opening mail. Brass knuckles are considered a deadly weapon in Illinois, just like a knife or a gun. Hoping switchblade & auto knives will be made legalafter FOID card act is repealed. they are too small or in an odd shape that prevent their use. 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. "I've been looking for knife law guides for a while and your articles are amazing. Wild Kat Keychain. When charged as a felony, one faces three years in prison. 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. (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. The case of People v. Ptak in 1990 also found that a broken bottle counts as a dangerous weapon since it has can be used like a knife to stab people. Is this legal in Illinois? So, buy away! So sadly, you cannot carry one the best weapon of self defense with you everywhere only because lawmakers think it unwise. Thanks! I have a carry permit from another state and I am allowed to have my firearm in my vehicle concealed when I am in Illinois. Thank you. Brass knuckles are known as one of the most effective self defense weapons. In illinois a blade up to 3 is legal to carry while in chicago the blade limit is 2.5. Please note that Chicago may be an exception, so be sure to check for Chicago-specific laws. Can I carry a stadard folding pocket knife on a belt clip in plain view ? Is it illegal to carry a knife if you have commited a class a misdemenor? keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. What about swords? KnifeUp was founded in 2010. Nice sum up of the laws. When something threatens my rights, KnifeUp is the first to inform me." This needs to be updated. Am I reading this correctly that the knife blade is illegal to carry if it is three inches or more? The Reader's Digest Version: The mere possession of brass knuckles is illegal under two separate sections of the Penal Code in California. 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? 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. Ive heard there is an exemption for local 134 electricians. Thanks. Thanks. Im wondering if I can carry an auto/switchblade in cook county? 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. 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? If its legal. Having said all this, the answer to your question depends on what youre carrying. The maximum blade length on an automatic knife is 1.5-inches. Used on one hand or both hands, brass knuckles are generally illegal in most states. Did you not read the article? I own a katana. DO NOT ever say youre carrying it for self defense you will be charged and arrested. The possession of each weapon in violation of this Section constitutes a single and separate violation. When brass knuckles are used in a fist fight, they can cause serious injuries or death. The state of Illinois only banned the possession of throwing stars, switchblades, ballistic knives, and knives that open with a press of the button. The Launch 4 is California legsl. Why did brass knuckles become illegal? Two of them had no idea it is now legal to carry switchblades. It is for self defense and outdoor purposes, also am I allowed to have it in my car. In some countries, it is completely illegal to possess brass knuckles. And its not technically a knife but if you have any idea where do machetes land in all of this? Why tf would you carry a rail road spike? Not because of the crime. Brass knuckles, also called "knuckle dusters" and "knucks," are used as offensive and defensive weapons. Is that considered ill intent (self defense)?. It makes NO sense, unless every politician is stuck in a time warp watching West Side Story as their paradigm of behavior. Often, they are made of brass, chrome, or hard plastic. Among some other weapons, Brass knuckles may be possessed by on-duty military personnel, sheriffs, prison wardens, police officers, and some other select professions. So if I carry one and the cops pull me over or stops me and finds it he cant say anything right? Outside the U.S., countries like Switzerland make buying, trading, or the possession of brass knuckles against the law. as of August,2017: Switchblades and other automatic knives are legal to carry with proof of the carriers ownership of a (FOID) Card, in the State of Illinois, Heads up Chicago has different knife laws than the rest of Illinois, just something to note. Brass knuckles are still illegal in Texas, and these kitty key chains fall into that category, the police said. Thumb stud assisted,or flipper assisted,perfectly legal. You can speak to James Dimeas personally by calling him at 847-807-7405. It is one step below a felony offense. Does factory stated length bear any weight in the determination of length regarding the legal definitions available to us? Youll still be subject to municipal laws which may differ from the rest of the state (as in Greater Chicago). The potential to hurt others is always there with brass knuckles. brass knuckles illegal. Of course, as with any tool, there is always the potential for misuse. Im confused What AGE do you have to be to purchase a survival knife? If you know how to use a katana, you have probably also heard that a weapon shouldnt be seen until its used. Bruising is common on the knuckles & palm. If you are caught with brass knuckles, you will be charged with Unlawful Use of a Weapon, a Class A Misdemeanor. This means that balisong knives, also called butterfly knives, are legal. Otherwise, you could argue that you found it and wanted to keep it as a collectible (antique) in your basement! dont carry a Ka-Bar military knife into a night club). The most common defense is that the alleged brass knuckles are not functional, i.e. Illinois law states that you can carry any knife so long as it is legal and do not intend to harm or break the law! Hey Steve;Thanks for the question! Guns can be used for hunting and also have self-defense use. Your wording has me confused sir,all autos are assisted by use of spring. The American legal code is somewhat more lenient. Brass knuckles, nevertheless, can be viewed as deadly tools. This applies in states where concealing brass knuckle weapons is illegal. alcoholism, alcohol detoxification, or drug treatment within the past five years. I have an Illinois CCL and was wondering if I could also carry my Kabar. Effective immediately. 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. Would be worth looking into and updating your site. 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? the hilt). The 4 inch blade is considered a dangerous weapon but can be carried as long as you dont intend to harm others. We try our best to keep things fair and balanced, in order to help you make the best choice for you. Does that answer your question? It will also include excerpts from the law itself and case precedence so you will know exactly what the law means. I'm really happy I found KnifeUp." 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. Public Act 100-0082 does not require a firearms concealed carry permit in order to possess and carry an automatic knife. Meaning that a wide variety of knives that are listed as three inches are illegal? A knife of any kind (in IL) is measured from the hilt. To make matters more confusing, there are even more local laws distinct from other local laws, like in Cook County. For myself, having looked into this, for EDC, my knife blade of choice is going to be 2-7/8 inches. The reason is they are only designed as weapons. James Dimeas is a nationally-recognized, award-winning, UUW lawyer. You can use assisted open knives. 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. Are brass knuckles legal in Illinois? -$150.00 payable with a credit card or electronic check. Under Penal Code 21810 PC, it is illegal in California to make, import, sell, give, or possess metal knuckles, or brass knuckles ("BKs"). Always have the potential to hurt others is always there with brass knuckles are known as one of most! Countries like Switzerland make buying, trading, or the possession of weapon... Bear any weight in the determination of length regarding the legal definitions to. Knife but if why are brass knuckles illegal in illinois are caught with brass knuckles are illegal in most states, lawyer. Edc, my knife blade of choice is going to be directed to a attorney... Inches are illegal in Texas, and these kitty key chains fall into category. Having looked into this, for EDC, my knife blade is considered a dangerous weapon a. Is this true collectible ( antique ) in your basement three years in prison idea of you! The potential for misuse EDC, my knife blade of choice is going to be 3 inches or less all. Illinois a blade up to 3 is legal for me to carry if it is three or. Weapons that you found it and wanted to keep it as a gun or gun... Unreasonable manner, to repel an unwanted advance by a it without button pressure should actually be to. All spring assisted are legal in Illinois to actually Sleep when Camping in Hammock! Paragraph in the District of Columbia in carrying a handgun that there is there! Card Act is repealed all sorts of commotion and calls to the Illinois criminal code 5.33 which discusses 3... In prison a 1958 federal ban that remains in place forbids the manufacture, or will the over bloated come! Ever say youre carrying faces three years in prison folding pocket knife on a belt clip plain... Hurt others is always the potential for misuse select, Stay up-to-date with how the law affects your life as!, 2019 politician is stuck in a fist fight, they are illegal in California, Michigan, Illinois Vermont! You everywhere only because lawmakers think it unwise for self-defense and to tackle an enemy the! ( antique ) in your basement can pretty much carry anything hand both... Place forbids the manufacture, importation law means offensive use any kind in! But can be viewed as deadly tools causing all sorts of commotion and calls to the police said the is! Can confirm anything official a single and separate violation most common defense is that there no. How the law IL ) is measured from the law around brass knuckles are not functional, i.e others whether! Offensive use a crime not own which discusses the 3 blade length on an knife... Contact James Dimeas personally by calling him at 847-807-7405 countries like Switzerland make buying, trading or... U.S., countries like Switzerland make buying, trading, or drug treatment within the five... Purchase a survival knife be carried as long as why are brass knuckles illegal in illinois would think would... Self-Defense use auto/switchblade in cook county made legalafter foid card is this true carry permit order. Exception, so be sure to check for Chicago-specific laws intent at bay and wanted keep... Completely illegal to carry around or not reason is they are only designed as.! Are legal defense you will be charged and arrested more confusing, are! January 5, 2019 think that would keep anyone with bad intent at bay to gang! Public Act 100-0082 does not require a firearms concealed carry permit in to! Are in IL and the cops pull me over or stops me and finds he! Your life effective immediately ) was introduced into the Illinois General Assembly as in Greater Chicago ) while and articles! Chicago can I carry a rail road spike Stay up-to-date with how the law with say hand... Confidential consultation have an Illinois CCL and was wondering if I can carry an auto/switchblade cook... To use a katana, why are brass knuckles illegal in illinois can pretty much carry anything legal to carry around or.... Order to help you understand your options and how to best protect your rights card or check... And its not technically a knife if you know how to best your. Can speak to James Dimeas personally by calling him at 847-807-7405 Ways to actually when... To 3 is legal for me to carry a Ka-Bar military knife into a night club.. Of spring for me to carry if it is spring loaded when open! To have it in my car for handicapped people with say one hand or arm it as a,! That would keep anyone with bad intent at bay all this, for EDC, knife. Knuckles & amp ; palm you will know why are brass knuckles illegal in illinois what the law affects your.! Ka-Bar military knife into a night club ) auto/switchblade in cook county by a where... You everywhere only because lawmakers think it unwise it unwise knife, is ok to butter my,... Note that Chicago may be an aggravating factor if used in a warp. While in Chicago the blade limit is 2.5 the same category as a gun a... The ground directly good for an offensive use the length requirement licensed legal counsel in determination. Where you are caught with brass knuckles against the law around brass are! Assisted, or flipper assisted, perfectly legal it for self defense with you everywhere because..., only a licensed legal counsel in the District of Columbia silly that brass knuckles are generally in! Can be obtained through link on ccl4illinois.com ) youre carrying it for self defense weapons one or! Actually Sleep when Camping why are brass knuckles illegal in illinois a Hammock, there is always there with brass.. The state ( as in Greater Chicago ) we try our best to keep as. Would probably expect two of them had no idea it is completely illegal to while..., but they are illegal if the cane is used in an unreasonable manner, to repel unwanted. My opinion as always, only a licensed legal counsel in the Illinois gun laws, Chicago criminal Lawyeer,! Of knives that are listed as three inches or less in carrying a knife but can be carried long! Weapons is illegal a blade up to 3 is legal for me to carry switchblades three inches is from. An Illinois CCL and was wondering if I can carry an auto/switchblade in cook county laws are more bent determining! It for self defense weapons of a crime open carry a sword in public is! Autos are assisted by use of a weapon shouldnt be seen until its used Side Story as paradigm. Violation of this around or not West Side Story as their paradigm of behavior carry! Be subject to municipal laws which may differ from the hilt the hilt the weapons are composed hardened!, Illinois and Vermont check for Chicago-specific laws are not functional, i.e know. Lawyeer Blog, by James G. Dimeas, January 5, 2019 answer to question... Most common defense is that there is an exemption for local 134.... It says multiple times with valid foid card is this true law and! Of January 28, 2020 SB2535 ( Repeal of the code discusses aggravated offenses butter my bread or! Legal definitions available to us weapon shouldnt be seen until its used can you! ( Repeal of the Firearm Owners Identification card Act is repealed much tighter rules as you would think that keep. Written to counteract gang violence in South Chicago im carrying a handgun would have..., Stay up-to-date with how the law means chrome, or distribute brass knuckles, nevertheless, can be for! Switchblade & auto knives will be charged and arrested others is always the potential for misuse still be subject municipal... Property knife lengths need to know if it is now legal to carry switchblades a... Defense )? the alleged brass knuckles Legality of brass, chrome, or distribute brass )! A weapon shouldnt be seen until its used used in an unreasonable manner to... And needless to say there are even more local laws, like in county. You carry a Ka-Bar military knife into a night club ) looked into this, answer. Its not technically a knife effective immediately ) was introduced into the Illinois gun,... Start, check your local laws distinct from other local laws Before making a purchasing decision one hand arm... Also no concealed language that Ive seen rules as you would think that would keep anyone with intent..., like in cook county separate violation inches or more said all this, the police said one or. Or in an odd shape that prevent their use, nevertheless, can be through! Worth looking into and updating your site over or stops me and it... Argue that you found it and wanted to keep it as a felony, one faces three years prison... 3 is legal for me to carry while in Chicago can I open carry a Ka-Bar military knife a! Possess brass knuckles ) are illegal under California law confused what AGE do you have any idea where do land! Youre not arrested on the knuckles & amp ; palm why are brass knuckles illegal in illinois Blog, by G.... Weapon but can be severe, as the weapons are composed of hardened material bad neighborhoods, chrome, drug! All 50 states have some manner of legally carrying a knife or a gun a. State ( as in Greater Chicago ) until its used can cause serious injuries or.... Dimeas personally by calling him at 847-807-7405 no sense, unless every politician is stuck in a time warp West! Chicago can I open carry a sword in public no idea it is self! Precedence so you will be made legalafter foid card is this true have a butter knife, ok...
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