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? 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. This means that balisong knives, also called butterfly knives, are legal. Stilletto is not a term for automatic knife but for type of blade design. A railroad spike is not illegal to carry if you DO NOT have nefarious intent. I would like to carry that same knife in Chicago. Further, keep in mind that taking parts and pieces from railroads, even when theyre not attached to the rails yet, is often considered theft. What are the penalties for carrying brass knuckles without a permit? On top of all these specific rules, the case of People v. Fort in 1970 found that, even if an item is not specifically listed as a dangerous weapon, it can still count as a dangerous weapon by the way it is used. He did not know that he was facing the possibility of being sentenced to one-year in County Jail and fined up to $2,500. Automatic knives are now LEGAL in Illinois. That being said, be reasonable and smart. It means one fully sharpened side and other side or, spine of knife partially sharpened be it tip or close to hilt. Brass knuckles are legal in many states, but they are illegal in California, Michigan, Illinois and Vermont. This should be pretty self-explanatory. Category III dangerous weapons are metal knuckles. There are different tools and equipment that we typically require to use in various situations in our lives. You can research state laws (as I do) on each states homepage where all the statutes are listed. This means other than on completely private property (excluding private property supported by grants, subsidies, TIFs, etc.) -An Illinois Digital I.D. Guns can be used for hunting and also have self-defense use. "Failing to adhere to this law can result in a misdemeanor." A) Can someone clarify the legal length? Other knives that are not switchblades and ballistic knives are not banned. On switchblades or automatic knives. But dont need to get that one officer ???? they are too small or in an odd shape that prevent their use. I am 18 with a FOID under my dad who also has a FOID card. To carry on any public-funded property knife lengths need to be 3 inches or less. Today, KnifeUp is the home to knife experts who provide clear, unbiased, practical advice on buying and maintaining knives to make your life easier. Most states have taken one of the following three legal approaches: The excerpts are truncated by me with [] whenever it goes off into something that is unrelated to knives. -A valid drivers license or state identification card. Automatic knives are in the gray area since they are activated by pressing a button but balisong knives are legal. You can own any knife you would like as long as it is not a ballistic knife, throwing star or switchblade (switchblade carry is now legal with a FOID card see section important note earlier in this article). I have a otf Microtech Ultratech also, mine is the small utx70. I carry a knife in my belt for Self-Protection (rather than carrying a gun). This section of the law was designed to stiffen penalties for felonies committed with a dangerous weapon. I guess my question is, how long of a blade can I open carry? Save carrying that for the zombie apocalypse. Effective immediately. Penal Code 21810 makes possession of brass knuckles a crime in California, as former prosecutor Neil Shouse explains in this video.Penal Code 21810 PC is the. 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. Hello, Im wondering what I can do in my situation. 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. If you are being charged with a UUW, you can always contact James Dimeas for a free and confidential consultation. Lol. It will always measure less than 3 and they are not very expensive. Selling Brass Knuckles In Florida is Illegal. 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. Is this legal in Illinois? | Last updated December 12, 2022. You can face gun possession charges for having a gun without a permit or license, but you can also face criminal . Visit our attorney directory to find a lawyer near you who can help. 720 ILCS 5/24-1, Unlawful Use of Weapons. Its explained here and as of the last update in 2018 nothing has really changed in those regards. Brass knuckles are considered a deadly weapon in Illinois, just like a knife or a gun. Im not getting nothing as far as help looking on the net. brass knuckles) are illegal under California law. Never use brass knuckles while under the influence of drugs or alcohol. I say stay far away from the edge of the cliff rather than seeing how close to the edge you can walk without falling. The law says I cant own certain knifes. with no ill intent just being a peaceful citizen could I carry a curved blade over 3 like the spyderco Civillian? Schools shouldnt be freked out by it Its a toy. Self-defense does not mean youll harm someone any more than an armed police officer WILL use his gun for sure to shoot someone. Copyright 2023, Thomson Reuters. ANYTHING ABOVE 3in blade is illegal to carry without a security clearance. 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. LOL! 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. If I carry over a 3 blade for chores and edc but am forced into using it in self defense against a savage dog or person trying to harm a family member or me, would using it like that and the fact that it is +3 cause it to become an illegal knife? Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. In the event you are in such a situation, consider contacting a qualifiedcriminal defense attorneynear you. No way. Brass knuckles are considered a deadly weapon in Illinois, just like a knife or a gun. It is illegal in many states to possess brass knuckles. These are illegal to use in Illinois. 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. Note that I am not a lawyer and this is not legal advice. That said, you must settle the drop point vs clip point debate first. ) cover all the bases. 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 live in Illinois and was wondering if I can keep a fixed blade knife in my truck? You do have to have a foid card to buy and carry them. Would be worth looking into and updating your site. Switchblades and other automatic knives are illegal, UNLESS you carry a valid FOID card (Firearms Owners IDentification). We have gun rights organizations and knife rights organizations, but no one cares about knuckles. Im sorry Im so confused. But is 3-inches-on-the-mark illegal? The maximum blade length on an automatic knife is 1.5-inches. Best Knife to Cut Meat of 2022: Complete Reviews With Comparisons, Best Ceramic Knives of 2022: Complete Reviews With Comparisons, What Is a Boning Knife Used For: Getting to Know This Handy Tool, Best Boning Knife of 2022: Complete Reviews With Comparisons, Drop Point vs. Legal ? If you are arrested for carrying or using brass knuckles, your charges will depend wholly on the circumstances of the incident. Anyone can carry any sized fixed blade, no matter if they have a CCL or not. Brass knuckle jewelry worn on a chain around your neck could negate concealed weapons charges. Or does the context of self defense cover you? As a result, many people glamorize these dangerous weapons. Save my name, email, and website in this browser for the next time I comment. Does that answer your question? 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? Most US states' laws have deemed it illegal to sell, buy, carry or use these self defense weapons because it can do as much damage in the hands of a criminal as it can do in yours. Work, hunting, opening mail. Effective August 11, 2017, the possession and carrying of automatic knives is legal for any citizens who possess a Firearm Owners Identification (FOID) Card in Illinois. Its also important to know the county and city ordinances. States Where Brass Knuckles Are Illegal In some states, brass knuckles are categorized as dangerous weapons and, therefore, illegal. Most states view knuckles as concealed weapons. The case of People v. Kinchy found that having a hunting knife is not a crime in and of itself but, only when you have intent to harm others, would it be. The legality of self-defense tools includes brass knuckles, clubs, and self-defense wild kat keychains and keyrings. Knuckles turn your fragile fist into a brick of Stone & bone. 33 Reply [deleted] 7 yr. ago While the group Individual Defensive Tactics says the keychain is legal in most states, you should probably check with your local police department. If you carry a cane, be careful. -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. 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). Is it illegal to own a pair of brass knuckles? Brass knuckles (variously referred to as knuckles, knucks, brass knucks, knucklebusters, knuckledusters, knuckle daggers, English punch, iron fist, paperweight, or a classic) are "fist-load weapons" used in hand-to-hand combat. Did you not read the article? Hmmm not sure I buy that. The Gov of Illinois just signed into law making it LEGAL to carry automatic or swtchblades as long as you have a FOID card. Can you please elaborate on throwing knives (non-folding, single edge blade, less than 6) in the greater Chicagoland area? Its probably ok but I would recommend something a little more standard that would raise less questions. I suppose not as long your of age 16+ and its 3. Not near any schools not in Chicago or any suburb near there, but in small town Illinois. From what I saw any blade over 3inches is considered a dangerous weapon but a dangerous weapon is Legal as long as youre not doing anything illegal with it. 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. Chicago Suburban w/ LMF II, travel to and fro on Metra Id rather be alive and wrong, than dead and right. 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. This includes anything shaped like a brass knuckle, including jewelry, bags, pendants, or necklaces. Brass knuckles are legal in many states, but they are illegal in California, Michigan, Illinois and Vermont. The Launch 4 is California legsl. I haven't found such clear law advice anywhere else. (a) Legislative findings. Hey Ted;Thanks for the question. 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. Of course, every case is different so you should consult with an experienced Unlawful Use of Weapon criminal defense attorney about your specific case. 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. In an apparent attempt to suggest that they are pieces of art, some people sell brass knuckle jewelry to be worn as a necklace. Brass knuckles are illegal in some states because they can cause serious bodily injury and death to individuals. . They are razor-sharp, rust-proof, and featherweight and are relatively inexpensive. THANK YOU. If anybody would like toread up on SB2535 here is the web address https://www.billtrack50.com/BillDetail/1186769. If I have a collection and some of my knives fit the description of the illegal ones, does that mean Im breaking the law? Also known as fist-load weapons, brass knuckles are metal shaped rings designed to fit around four of your knuckles. An attorney can assist in resolving any legal issues you may be facing. 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. Thanks! August of 2017 I believe that changed and they are now perfectly legal to own in the state of Illinois. Or is the official length of a blade any part that extends past the guard/hilt/handle out to the tip? Am I allowed to have it. and they seem to have no answer. You can also carry dirks, razors, daggers, stilettos, and dangerous knives all you want as long as you do not have the intent of harming another person. 100-0082 (8/11/17) legalizes the possession of a switchblade or automatic knife with a valid FOID card. 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. 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. South Carolina only bans brass knuckles if they are used with the intent to commit crimes. I HAVE ARTHRITIS AND IT IS SO MUCH EASIER FOR ME TO OPEN.I USE IT MAINLY TO OPEN LETTERS OR PACKAGES. Ive talked to many cops and they say there is no problem with it as long as I dont have the intent to harm. Please change the information on this page to reflect the recent changes in Illinois law. They make terrible self-defense items. Would love to hear feedback on this. JEFFERSON CITY, Mo. Autos have spring. Is it illegal to carry a knife if you have commited a class a misdemenor? What would I have to do to carry a sword in public? The question will be (if you are confronted with an officer) what is your intent, and as long as you can make a very good argument in favor of your peaceful intentions, you should be good. Theres some conjecture about more than one retention rings being construed as knuckles if under the context of direct legal scrutiny. Final Takeaways. Note that, in Kohls case, his push knife only had 2 holes. 10) In Alabama, brass knuckles are only illegal if they're being carried in a concealed manner. This is old information. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Checklist prior to applying for an Illinois Concealed Carry License for Illinois Residents. 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