Assisted Opening Vs. Switchblade Question

[seppi]

Hello everyone. I live in Illinois. Here's what they say defines a "switchblade": http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K24-1

All over the internet, I hear that spring assisted knives are legal here. But going by that, it would seem that's not the case.

"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".

A flipper on the back of the knife, such as on the Kershaw Leek that I own, falls under the category of "other device". So in what way is my spring assisted knife not a switchblade according to Illinois law?

Please help, thanks.

 

[LeonJ]

What.

As I recall flippers do not count as "other device".

The law is in regards to knives that open from you pressing a button, lifting a lever or similar and the blade opens from fully closed to fully open without you touching it/affecting it. Flippers, Speedsafes, axis locks (BM owners know what I mean with this one) and other such things that do not deploy without external force on the blade do not count as "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", since they don't open automatically.

Then again, there are always people who get butth*rt about anything that opens faster and smoother than that old barn door that you "forgot" oiling the last 40 years.

 

[everythingsharp12]

The flipper is part of the blade so it wouldn't count as any other device. If it's legal here in Canada, I'll bet it's definitely legal in Illinois.

 

[D-R0CK]

hey seppi, I'm not from Illinois but I'll bet a "bias towards closure" factors in as well. In an auto knife, the blade is ALWAYS being forced to the open position, and the button/lever/whatever just holds it there until you choose to release it. Most AO knives use a "torsion bar" instead of just a coiled spring. The torsion bar actually holds the blade in the CLOSED position until you bend it past a certain point, and it pushes the knife open. This tendency for the knife to actually stay CLOSED until you physically move the blade by hand is the difference maker in most states. Truthfully though, if you burglarize a home with one it will be "automatic" and if you open packages with it it will be "assisted". That is to say, don't give authorities something to nail you over and they won't. Hope this helps.

 

[darkdomino]

I live in Illinois as well, and I'm no lawyer but I believe the Kershaw speedsafe is not an assisted opener because the torsion bar only does part of the work... A majority of what makes the knife "flip" open is the force that you're putting on the flipper.

 

[seppi]

You all gave me the physical differences. I already knew that. "other device" means anything they have not listed, including a flipper. The law does not mention torsion bars, whether or not it has a bias towards closure, etc., so just because an assisted opening knife has these features does not mean that make it legal.

 

[LeonJ]

The flipper doesn't count as a device, it's part of the blade. It isn't covered by the switchblade/auto knife law.

 

[seppi]

The law doesn't say "It doesn't count as a device if its part of the blade".

 

[LeonJ]

It says "which has a blade that opens automatically by hand pressure applied to a button, spring or other device". It doesn't open automatically, you're applying force directly to a blade. Same way that thumbstuds allow you to open a blade fast or faster than most automatics don't count as a device.

 

[everythingsharp12]

The law doesn't say "It doesn't count as a device if its part of the blade".

With that logic though, you could say that an assisted opener that only uses a thumb stud is an auto since the thumb stud could count as "any other device". Your question is why is your assisted knife not an auto. Thats why, it's because you're applying force to the blade rather than pressing a button to release it because the blade isn't under tension when it's in the closed position. Only when you move the blade out enough is when the mechanism "assists" it rather than the mechanism releasing it. Just don't stab people and you won't have to worry about whether your knife is an auto or not.

 

[tom19176]

I looked but could not find a link, but about 10 years back, Walmart was taken to court in Cook County Ill for selling switchblades that were really Assisted openers. Walmart got it dismissed after the actual working of the knife was explained...look for the info as that is what I remember. I don't think it became "case law" as the entire case was dropped by the judge when the difference was explained. It was in the papers and a few people had posted articles on it back then....

 

[fastcubesolver]

Assisted openers are in a different ballpark. You push down n the blade, which is not considered as "an other device". I can't think of any place where assisted openers are illegal. Don't hold me to that, there are probably some places somewhere, but i don't know of any.

 

[justsomedude]

The keyword here for technical understanding of the law is "automatically": Acting or operating in a manner essentially independent of external influence or control.
With an assisted opener there is external influence on the blade so it is not opening automatically.

Of course this is not how law works in reality where there is no black and white explanation for anything. Really the most important aspect of the law is the clause, "... commonly referred to as a switchblade knife." Society (and more importantly LEO's) has an understanding of what a "switchblade" is (mostly from movies and TV) and if your knife fits that picture it will be confiscated at the discretion of the LEO. Context plays a large part in this perception so if you give off 'bad guy' vibes your blade is more likely to be perceived as a switchblade...

I could go on but it's getting late

 

[Bigfattyt]

a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife


By the language of the statute, the flipper or thumb stud would not be on the handle, device or not.

Not giving legal advice, but that appears to be the plain meaning of the statue.

The statue is construed strictly against the state (meaning in a question of statutory interpretation, the court should hold the plain meaning. And ambiguities decided in the favor of the non drafting party (that's you).


That said, it won't stop an officer from possibly citing you and letting you make the argument in court, in court. At Your Own expense.

I would also note. Further down the statute references carrying with intent to use.... A dangerous or deadly knife or weapon..... so you need to know the definition.

( in my state they use the catch all "Apparently capable of producing serious bodily harm.... which would include everything)

 

[dr_fosg8]

Common sense pretty much rules. Keep it under the legal length limit and dont act aggressively and you should be fine. If you have to ask it would really be best to consult a local lawyer.