Illinois law and LEOs

OilMan

OilMan

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Just wanted to comment today that I talked to a Illinois State Trooper this morning and asked him what the legal limits were for folders and fixed blades. He was a younger type guy and he told me that there was a large misconception on what was legal and that actually there is NO limit for such things. He went on to say that the only things illegal in IL are switchblades and balisongs. I then asked him to clarify switchblade and he said it means button in handle knives that are spring loaded. I then asked about assisted openers and he said they were perfectly legal and he happened to have a Kershaw Blur in his car.
I mention this because I asked another officer what he thought a couple of weeks ago and he said there is a 5" rule on folders and he didn't know what the limit was on fixed. Both reports seem funny because on the law sites it looks like there is a 3 1/2" limit on folders unless I'm reading it wrong.
I think what it boils down to is Cops Perogative(sp) and if he got some that morning. Both officers also mentioned that if you weren't doing anything stupid with it they didn't personally care how big of a knife you carried.

Just wondering what your opinions are.

thanks,

OilMan
 
Unfortunately many officers do not know the law like they should. Of course there are so many laws on the books that it is near impossible for us to know them all. Even lawyers have to look stuff up. To be on the safe side I would go with what your research shows you. The fact that an officer may have told you incorrect info is not a defense. In all likelyhood most officers don't deal with knife law violations on a daily basis, hence the lack of knowledge.

I, like the officers you spoke with, dont care how big a knife someone is carrying as long as they aren't doing anything stupid. You may, however, have occassion to run into an officer that does care.
 
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.
 
As far as I can tell, there is no length limit, although switchblades and some others are illegal, and the problem arrises only if you actually use the knife during commission of a crime.

See the following two Ill. statutes:

ARTICLE 33A. ARMED VIOLENCE This statute seeks to have extra penalties for crimes involving the use of certain weapons and defines them.

ARTICLE 24. DEADLY WEAPONS This statute defines blades that are illegal.
 
Planterz said:
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.
Click to expand...

The above only applies if the blade is used in the commision of a crime, armed robbery, assault, etc. You can't see this, though, without reading the whole statute. See my previous post. Blades are category ll now.
 
OilMan said:
Just wanted to comment today that I talked to a Illinois State Trooper this morning and asked him what the legal limits were for folders and fixed blades. He was a younger type guy and he told me that there was a large misconception on what was legal and that actually there is NO limit for such things. He went on to say that the only things illegal in IL are switchblades and balisongs. I then asked him to clarify switchblade and he said it means button in handle knives that are spring loaded. I then asked about assisted openers and he said they were perfectly legal and he happened to have a Kershaw Blur in his car.
I mention this because I asked another officer what he thought a couple of weeks ago and he said there is a 5" rule on folders and he didn't know what the limit was on fixed. Both reports seem funny because on the law sites it looks like there is a 3 1/2" limit on folders unless I'm reading it wrong.
I think what it boils down to is Cops Perogative(sp) and if he got some that morning. Both officers also mentioned that if you weren't doing anything stupid with it they didn't personally care how big of a knife you carried.
Click to expand...

Your State Trooper should be commended for understanding Ill. law. He is correct. He also has a sane understanding of how switchblades are defined. The Kershaw/Onion Speed Safe mechanism falls outside of this definition. Ill. takes it's switchblade definition almost verbaitim from the Federal swithblade law.
 
Thanks for posting that information Oilman. There is a lot of confusion here in Illinois on knife law. Good to know that some LEO's have a good understanding of it.

Tom
 
triplezero24 said:
..............should I worry?

http://www.benchmade.com/products/product_detail.asp?model=9050
Click to expand...

"(720 ILCS 5/Art. 24 heading)
ARTICLE 24. DEADLY WEAPONS

(720 ILCS 5/24‑1) (from Ch. 38, par. 24‑1)
Sec. 24‑1. Unlawful Use of Weapons.
(a) A person commits the offense of unlawful use of weapons when he knowingly:
(1) Sells, manufactures, purchases, possesses or

carries any bludgeon, black‑jack, slung‑shot, sand‑club, sand‑bag, metal knuckles, throwing star, or 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 in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas; or"

The 9050 is a switchblade under Ill. law.
 
CRH said:
"(720 ILCS 5/Art. 24 heading)
ARTICLE 24. DEADLY WEAPONS

(720 ILCS 5/24‑1) (from Ch. 38, par. 24‑1)
Sec. 24‑1. Unlawful Use of Weapons.
(a) A person commits the offense of unlawful use of weapons when he knowingly:
(1) Sells, manufactures, purchases, possesses or

carries any bludgeon, black‑jack, slung‑shot, sand‑club, sand‑bag, metal knuckles, throwing star, or 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 in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas; or"

The 9050 is a switchblade under Ill. law.
Click to expand...

Is that slung-shot a sling shot? Why would they be illegal? Dennis the Menace must have gone on a rampage.

OilMan
 
Never encountered a statute that made a bali illegal in Illinois...

The definition of 'deadly weapon' is only valid if the weapon is 'carried or possesseed with the intent to use unlawfully against another', so it's only relevant when you attack or threaten someone.

At least, that's what they told me when I was an LEO in Illinois.


Larry
 
triplezero24 said:
So then basically, its okay to have a switchblade unless you're intending to harm someone with it?
Click to expand...

No. Read the statutes. It is *illegal to possess* a switchblade in Ill. Use the links I posted in a previous post.

ARTICLE 24. DEADLY WEAPONS describes what is flat out illegal. This includes switchblades/autos.

ARTICLE 33A. ARMED VIOLENCE describes additional penalties for "armed violence". This includes *any blade over 3 in.*.

Balisongs/butterfly knives are not specifically addressed so *probably* if you don't use the knife in commission of a crime you are OK. I'm not aware of any case law pertaining to Balis.
 
larry1096 said:
At least, that's what they told me when I was an LEO in Illinois.
Click to expand...

Better to actually study the statutes. "They" didn't tell you the whole story.
 
larry1096 said:
Read the statutes. What part of what I stated contradicts ch. 720?
Click to expand...

Not a contradiction, just incomplete.

Some weapons, including switchblades, are banned and are defined in ARTICLE 24. DEADLY WEAPONS. This ban is not dependent on the weapon being used in the commission of a crime, assault, robbery, etc.

ARTICLE 33A. ARMED VIOLENCE deals with using weapons in commission of a crime.......... or not.

I'm not a lawyer. I just play one on BladeForums :rolleyes:.
 
Gotcha'. The original post mentioned switches were illegal, and I didn't contend that.

With all this said, I was an LEO for 5 years, and saw (more times than I could count!) a copper put his palm out and place a blade across it, declaring it 'illegal' if it extended past his hand. The vast majority of LEOs in this state have NO idea what's legal in a knife blade, and certainly aren't able to define a 'gravity knife', 'dirk' or something similar.


Larry
 
Unless all IL cops are 12 years old with small hands, that's a pretty stupid way to determine legality.

Similarly, here in AZ you hear stories of cops taking switchblades, even though they're legal here, because the cop doesn't know the law. Good reminder to always get a receipt and officer's badge number.
 
larry1096 said:
Gotcha'. The original post mentioned switches were illegal, and I didn't contend that.

With all this said, I was an LEO for 5 years, and saw (more times than I could count!) a copper put his palm out and place a blade across it, declaring it 'illegal' if it extended past his hand. The vast majority of LEOs in this state have NO idea what's legal in a knife blade, and certainly aren't able to define a 'gravity knife', 'dirk' or something similar.
Click to expand...

Looks like I somewhat misunderstood your previous post. We are and were in agreement.

It's my contention that *most* law enforcement agencies need a little more up front training and continuing education of some sort but where oh where are we going to fing the money :(.
 
Planterz said:
Unless all IL cops are 12 years old with small hands, that's a pretty stupid way to determine legality.

Similarly, here in AZ you hear stories of cops taking switchblades, even though they're legal here, because the cop doesn't know the law. Good reminder to always get a receipt and officer's badge number.
Click to expand...

They use that policy in DC, but the limit on blade length is 3" and most hands are atleast that wide.
 
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