Illinois Knife Law

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dprisp223

Joined
Feb 15, 2000
Messages
12
In a post written earlier, there were some questions in reference to knife law in Illinois. As both a full time LEO and knife dealer, I will make a short attempt to eliminate some confusion. Illinois law is quite "vague" in the area of Illegal Use of Weapons when describing specific weapons. As a rule of thumb, a concealed knife with a blade of 3" or under should not be a problem as long as the knife was not used in an illegal fashion. A knife with a blade of over 3" makes that a more "serious" weapon in Illinois law, and carrys harsher punishments if used improperly. This leaves a lot of discretion to the LEO as to who should be charged with a certain crime, and who should not. I believe this is a good system for a LEO with good common sense. But remember, Law Enforcement is just like any other career choice. You have good one's and bad, although I believe that there are far more good than bad, but I may be a little biased. I hope this helps.

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Sable Co. Law Enforcement
1117 Deer Run Est.
Port Byron, IL. 61275
 
I think that carrying a knife in Illinois also means being aware of where you are. I think that there are some places like Chicago or maybe East St. Louis, where the police might be quicker to make negative assumptions about a large knife. I don't know this from personal experience, but this is my guess. Also, I think that it is important not to show one's knife unnecessarily because that can be interpreted as brandishing. Take it out for work and work alone if you are not among knife lovers.
 
In Chicago (and probably many other municipalities), city ordinances are much more strict than state law.

dprisp223, could you elucidate a little more about intent with reference to illegal use of a dangerous weapon?

Are there any type of standard guidelines that IL LEOs use to help determine intent? When asked why we are carrying our >3" folders, what types of answers might a typical IL LEO be likely to "accept" or see as cause for arrest?

I know that "typical" and "standard" are very fuzzy things in the real world, so I don't expect any kind of definitive answers. Any light you can shed would be genuinely appreciated.

THANKS!

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AKTI Member #A000832

"That which does not kill me just postpones the inevitable."
 
Rule of thumb is less than the palm of your hand makes a knife "less lethal" but I've skinned and gutted deer with a single edge razor blade and with a SAK "classic" both on a "bet you can't do that" .. really carring a pocket knife means you have a tool - like a tooth brush - why take it out if you are not going to use it!

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"Vague" is a very good description. However, there is a clause in the statute that says that a "dangerous blade" is illegal for carry--I don't remember if it's only with intent or all the time. The point is, "dangerous blade" hasn't been defined by any court. The arresting officer gets to decide if it's a "dangerous blade." I assume a court can then decide that the blade wasn't a "dangerous" one after all and let you go, but it's never happened yet. I got this information from the State Attorney General's office. The lady who replied to my email was most kind--she had to start her letter by stating that the AG's office is barred from giving advice to citizens (your tax dollars at rest) BUT that if she were giving personal advice, she'd say . . . followed by 2 pages.
smile.gif

This hasn't affected my knife carry much since intent seems to be so important. Just be aware that if you do anything to attract the attention of an LEO, he CAN use that "length of his palm" test or any other he chooses, since he gets to define how dangerous your knife has to be to arrest you. Doesn't make sense but it's the law. It's not supposed to.
 
In response to the "intent" from Brian above, I'll give you an example. Joe the mope is hanging out in the alleyway looking for someone to roll. Joe has a 4" Cold Steel Folding Tanto in his pocket. Along come Fred walking down the street. Fred is carrying a 3.5" CRKT M-16 folder in his pocket. Joe confronts Fred brandishing his Cold Steel and demanding Freds wallet. Fred reaches in and instead pulls his CRKT M-16. Joe wises up, and decides that he does not want to mess with an armed victim, and runs off. Fred reports this incident to the police who are familiar with Joe, and an arrest is made charging Joe with attempted armed robbery and Unlawful Use of Weapons. Fred is not charged because he did not possess or brandish his knife with the "intent" to commit a crime. Also, Joe is charged with a more serious offense of Unlawfull Use of Weapons because the blade exceeds the 3" limit for a class II weapon. Does this make sense to you? It is also very important as someone else pointed out, to know the City Ordinances wherever you may be. These could be more restrictive than state law.

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Sable Co. Law Enforcement
1117 Deer Run Est.
Port Byron, IL. 61275
Donnie R. Pridemore
 
Thanks Donnie! I was thinking of a more neutral scenario where the officer's judgement will test intent rather than the possessor's actions.

Gwinny, IL law does specifically define a dangerous weapon as a knife having a blade in excess of 3" (along with other stuff). Once a knife meets this test, there are two applicable state laws. The first is the intent based "Unlawful use of a Dangerous Weapon", the other law prohibits boarding a commercial airplane with a dangerous weapon, as previously defined.

I looked for links to the statutes, but couldn't find them. If you do a search, though, I've cited them on BF before.



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AKTI Member #A000832

"That which does not kill me just postpones the inevitable."
 
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