Illinois carry laws, assisted opening.

mqqn

mqqn

JD Inventory Reduction Specialist
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Hi folks -

Since I cannot search here (and did not find anything definitive with google site search), I need to ask you a question.

Is it legal to carry and assisted opening knife in Illinois?

Is it legal to own one at all?

Can I legally carry my Kershaw Centofante?

One of my friends daughters just passed her bar, and she interprets the law as no assited opener of any kind, where I see it as if it is under 3 inches, and it does not have an actuator on the handle (as opposed to on the blade) that you are legal.

What is the truth here?

Thank you in advance for the benefit of your knowledge / experience.

best regards -

mqqn
 
I live in Illinois, and as long as the blade does not exceed 3" you're fine. Stay away from Chicago though, as the max length there is only 2.5". No daggers, dirks, stiletto's, or switchblades either. Assisted openers are just fine so long as they meet the aforementioned criteria.
 
Hi Guys -

Thanks - I appreciate the input.

The Illinois statute says that it is a dangerous weapon if the blade length is 3 inches or larger.

My point of contention is that the statute says specifically that for the knife to be considered a switchblade, it has to have a button or actuator on the handle.

The assisted openers have a nib or thumb-stud, or a hole in the blade which assists the blade in opening, but is not on the handle.

Does anyone know for sure?

I can call my local police I suppose, just thought someone here might know.

best regards -

mqqn
 
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mqqn said:
The Illinois statute says that it is a dangerous weapon if the blade length is 3 inches or larger.
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That applies if you are carring a knife over 3 inches and committing a crime or have ill intent. Then you are armed and get enhanced penalties for that 3"+ blade. Key word is 'intent'

Chicago and cook county might have restrictions and publicly owned places like parks, courthouses etc are restricted.
 
CQC15 said:
That applies if you are carring a knife over 3 inches and committing a crime or have ill intent. Then you are armed and get enhanced penalties for that 3"+ blade. Key word is 'intent'

Chicago and cook county might have restrictions and publicly owned places like parks, courthouses etc are restricted.
Click to expand...

Hi CQC15 -

Here is the statute -

"720 ILCS 5/33A-1... A person is considered armed with a
dangerous weapon... when he carries on or about his person
or is otherwise armed with a category I or category II
weapon. (b) A category I weapon is a [firearm or] a knife
with a blade at least 3 inches in length, dagger, dirk,
switchblade knife, stiletto, or any other deadly or
dangerous weapon of like character."

That is the statute for unlawful use of weapons, and it does not mention intent. Intent is indeed listed and there are opinions about smaller blades used with intent to harm, as well as one ruling involving walking sticks!

However, my real question is in regard to assisted openers.

Thank you for your taking time to reply here though, I welcome the discussion.

best regards -

mqqn
 
Lots of folks read 720 ILCS 5/33A-1 as a ban on knives 3-inches or longer.

It's not: it's a definition of "armed with a dangerous weapon," which is why it lists so much stuff other than knives.

The actual law, which CQC15 reads correctly, prohibits the use of a weapon with criminal intent. And there's extra restrictions if you're armed with a dangerous weapon. What's a dangerous weapon? See 720 ILCS 5/33A-1. That's all it is: a definition to clarify what would escalate a situation described elsewhere.

You are not armed with a dangerous weapon if you have a 4-inch blade and no intent to use it criminally. Otherwise, nearly all landscapers would be breaking the law.

Unfortunately, there is no definition of "assisted opener" in Illinois, so your question won't be readily answered. Instead, you'll be at the mercy of whomever is addressing the situation you find yourself in.

That said, I can't imagine anyone would have a problem with your proposed Kershaw...that's about as "pocket knifey" as it gets. And its 2-1/4" blade length would be okay within Chicago as well...although frankly, I can't imagine any Chicago cop wasting his time to check on a knife. He'd be more interested in where he could get one.
 
Thank you, Watchful, for the clarification.

That makes perfect sense.

best regards-

mqqn
 
I'm guessing I should play it safe and not carry my Kershaw Spec Bump to an interview I have in Illinois Monday. It really sucks, I'm licensed in Indiana to carry a firearm but if I drive, heck walk, in the wrong direction I'm suddenly breaking the law :(
 
Just a side note on AOs in Illinois, Walmart was charged with selling switchblades and won the case having the court agree they are not switchbaldes. There was an on line article on it, but I could not find it now....
 
Watchful said:
Check out post 7, which should cheer you up immensely.
Click to expand...

Ok, I looked up the code and it indeed appears that the blade length is only an issue when committing a crime, not just when one possess with no illegal intent.

Problem is I was looking around for less then 3 inches and I now want a Kershaw damascus scallion as well as the Mini Mojo/Mojito. LOL
 
I spoke to a friend who is a Chicago cop and a friend who is a former Peoria cop on the matter. I used to think that the law was you couldn't carry more than 3". As mentioned, what you find on that is only a description of what constitutes a dangerous weapon in Illinois. According to the former Peoria cop, I could carry around "a large hunting knife" if I wanted, as long as the intended use was as a tool and not a weapon. He did say though if I did carry such a knife and someone saw it and freaked out, I could be charged with disorderly conduct for disrupting the public.

My Chicago cop friend said the statute is pretty much in place to protect them from ghetto sh1theads. It basically gives the cops a little extra reason to bring suspicious characters up on chargers. The bottom line pretty much is that its up to the cop's discretion. So, if you get pulled over and the cop his having a bad day and sees your larger than 3" knife(2.5" or 2" in Chicago?), they could charge you or confiscate it if they felt like it.

I carry a 3.75" folder and I am not too worried about it. I also keep a 5" fixed blade in my vehicle frequently and I wouldn't be worried about that either.
 
what are the laws on double edged knives? im thinking of making my first knife and the double edged boot knife i found on Northcoastknives.com
 
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