interpretation of Illinois folder carry laws

[Brother Methias]

The following is somewhat ambiguous. It considers a person carrying ANY type of knife with a blade over 3' "armed with a dangerous weapon..." but then does not state whether this is a misdemeanor, or what. Of course there's other laws for unlawful use of a weapon, too. My question is, since i'm supposed to be an upstanding member of my community should i trade in my 3.5' commander and benchmade? For extra credit, recommend a combat folder less the 3', i was thinking a benchmade 'mini' stryker, which i guess would be in violation with exactly a 3' blade. Oh hell......

- 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.

 

[MNH]

The Mini Stryker is 2.9xx" just under 3".

I can't believe that New Mexico doesn't have better laws, not even a "resonable need" clause?


Mike

 

[cerulean]

Illinois Criminal Code 720 ILCS 5/24-1. Unlawful Use of Weapons. (a) A person commits the offense of unlawful use of weapons when he knowingly... (2) Carries or possesses with intent to use the same unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass... or any other dangerous or deadly weapon of like character...

I take that section to mean that you can carry any size knife, as long as you don't intend to use it unlawfully. They would have a hard time proving that you intend to use it unlawfully unless you actually do use it unlawfully and get caught.

Bernard Levine cites this case which would seem to support that contention:

Illinois Case Law:
- "Possession of hunting knife is not a crime; however, knowingly carrying or possessing dangerous weapon with intent to use same unlawfully against another constitutes offense..." (1982)