can i carry my Boa or will i do jail time

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Brother Methias

Joined
Aug 16, 2000
Messages
48
i know this really belongs in the "lawyer's section" but none of you seem to look there. I live near chicago where the wording in the law states

"No person shall carry or possess any knife, the blade of which is released by a spring mechanism, including knives known as "switch-blades"

I think that's pretty broadly worded to include knives like the Boa. Fortunately, illinois law is more specific to knives released by a button on the handle, which does not include the Boa.

While i'm at it, i recently marveled at the swordlike qualities of Applegate's Smatchet, but wonder if it's legal to own as it has a double edge, akin to a dagger.

BTW i emailed Kershaw to ask if they had any ideas what jurisdictions prohibited their speedassist knives, but of course they didn't reply cause they're not concerned about us doin jail time, only sellin knives.
 
I am not familiar with Chicago/Illinois law, but you are right, the law seems broadly worded from your description. There may be some case law that narrows the law a little. I would ask a local attorney, but in the mean time don't risk it as the wording leaves a lot of room for interpretation against you.

I wouldn't be too hard on Kershaw 1. they may not be familiar with your local laws and 2. They would risk a boatload of liability if they did answer it and got it wrong.
 
My interpretation (I live in the area as well) is that the Boa, first of all is not locked closed, so there really is no "release" mechanism. Second - there is no spring activated mechanism that causes the blade to open, so the actuator which causes the blade to open is finger pressure, either on the stud or the index trigger. The spring action is not activated until the blade has already been opened to a certain extent.

These are my own interpretations, and I ain't no lawyer. Don't rely on my guesses to keep you out of the hoosegow!
 
I agree 100% with Brian. Check with whatever legal agency that can give you a more difinitive answer. Do not depend on our limited knowledge of your local laws.
 
Orrrr, you could just carry it anyway, assuming you'd do jail time if you "whipped it out" using the torsion bar assist, and don't open it that way in the presence of a police officer (or other sheep).

I would be willing to bet my freedom to carry the knife and walk around with it on the supposition that 95% (at least) of the people you'll see every day will have no idea what exactly the Boa and how it works, if you don't go slinging it about. But, that's just me, and I regularly bet my freedom on various things. Right Hugh? (if you're listening)

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A dog at play has the mind of a wise martial arts master, a mind capable of perfect focus. - Marc Christophe

iktomi
 
Living in the same state. I do not think I would carry one in Chicago. But 100 miles south I carry two. Things are different in these parts. The laws in this state still suck though.

Regards,

Tom Carey
 
Brother Methias, it is my belief that any knife can get you jail time depending on where you are and what you are doing. If you have a lifestyle and friends that do not draw alot of attention from authority figures, I suspect that you do not have alot to worry about. As earlier posters said, if you whip it out and make people notice you, bad things will happen. This the case whether you have a Boa or a SAK. Do people know you where you live and do you have a good reputation? That also has alot to do with how people will perceive the knife you carry. I tend to go conservative when I am going into places where I'm not known, or where I might draw extra attention.
 
Some good additional points, there. In Chicago proper, any blade over 3" is illegal, so the Boa is a no-go in that regard.
Additionally, a stick, brandished or carried with the intent to be used as a weapon is just as illegal in the state of IL. In most of the state, it's not the knife you carry, but how and why you carry it.
 
Actually the blade limit in Chicago is 2.5" (2" if you are under 18). This is getting stupid. Some decent knives which are short enough include the Spyderco Dragonfly and the CRKT Mirage Ti. You can check this out at the <a href="http://www.chicityclerk.com/legislation/codes/chapter8_24.html#020" target="new window">City Clerk</a> web page. Obviously you need to get into a situation in which a police officer is asking you about a knife in order for this to be relevant. I am not sure exactly what "on or about your person" means. Is a backpack (or purse or whatever) "about your person"?

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Aalok

[This message has been edited by quattro98 (edited 01-13-2001).]
 
I stand corrected. Thanks for the link, quattro98. Yet another one of the 50 reasons you shouldn't bet your butt on anything I say.
 
You're welcome. This subject, especially for those in Chicago, is very confusing. The only way to determine any of this for sure would be to have a lawyer look into the relevant case law. This is not something that is feasible.

As others have mentioned, I think that circumstances will play a large part in deciding whether a particular knife is OK or not. The law only matters in a courtroom. Hopefully, you will never find youself in that situation. Personally, I can get by with a small knife even though I would like a larger carry. I would like to always have a larger knife in my backpack, but I don't know if this is technically OK or not.

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Aalok
 
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