Legal Carry Concerns?

[jeffzerot]

I read on all the forums about blade length, AO, etc. I have lived on this good earth for 54 years and have carried a folder for over 35 of them. All different sizes and styles. Never been arrested, never frisked. If I lead a clean life, watch the speeding, do I have anything to worry about carrying a three and a half tactical folder? Would/could a police officer stop me for having a clip on my pocket? Should I be more concerned? Thanks for reading and have a great week.

 

[Gunfucius]

You live in Illinois (my state), so as long as you aren't carrying with criminal intent, you shouldn't have a problem.

Here's the law for Illinois; Note the highlighted portion:

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...
- 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.
- 720 ILCS 5/24-1. 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... 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...
- 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.

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)
- "Weapon not listed in statute can become "dangerous weapon"
when it is used in a manner dangerous to well being of
individual threatened, and knife with blade less than 3
inches in length can be dangerous weapon if used in such
manner." (1991)
- "A straight-blade razor did not constitute a per se
dangerous weapon, for purposes of armed violence
charge..." (1987)
- "Walking cane, even if not per se dangerous, was...
transformed by defendant's usage into a dangerous weapon."
(1977)

What this means is, you can lawfully carry a knife with any length blade you want to, as long as the knife isn't double-edged or an automatic (switchblade). Assisted Openers are still ok. If you are found in possesion of a knife with a blade over 3 inches while commiting a crime (pretty much any crime), the knife will be tacked on as an extra charge. Also worth noting, is that even mere possesion of a switchblade is outlawed in Illinois.

 

[Gunfucius]

We have had some disagreement over what the Illinois laws really mean (they aren't exactly crystal clear) over in the Knife Laws section of bladeforums.

Here's the thread:

http://www.bladeforums.com/forums/showthread.php?t=584549

The conclusion we came to, was that it really depends on how your local law enforcement interprets the law. Two others in that thread have had very different experiences in Illinois than I have, so be sure to read through the whole thing.

Hope that helps some.

 

[kenthenoob]

i'd hate to hijack this thread, but making another thread seems a little too much.
i live in california and we seem to have a lot of laws on almost everything.
what's the law on balisongs?

 

[Gunfucius]

i'd hate to hijack this thread, but making another thread seems a little too much.
i live in california and we seem to have a lot of laws on almost everything.
what's the law on balisongs?

Start a thread in the Knife Laws section of bladeforums. They'll be glad to help you over there. Thread highjacking is generally frowned upon here.

 

[kenthenoob]

ok thanks

 

[Gunfucius]

No problem.

 

[spyder10]

I agree with what was said about Illinois law. The local law here in Naperville is if it's under 3" and your not committing a crime the cops don't care.

 

[Confederate]

Under three inches?!

Illinois is determined to outlaw anything that can be used for self defense, and I'd go for a 4-incher. I've never been arrested or even frisked and if you keep your nose clean I can't imagine anyone would would care. I used to carry a gun in D.C. in my younger days and one time used it to defend myself and a date. Don't know that I would do it now, but back then I weighed the risk of being mugged against the risk of being caught. Discretion with a knife is generally more important than the actual law.

 

[lazerboy2000]

Discretion with a knife is generally more important than the actual law.

Remember....its better to be tried by 12 than carried by 6.
I personally would never be willing to risk my life and forfeit my protection, just to be a law abiding citizen.

 

[Esav Benyamin]

Moving from General Knife Discussion to Knife Laws ...

 

[Watchful]

...Two others in that thread have had very different experiences in Illinois than I have, so be sure to read through the whole thing...

Actually, your experiences pretty much match mine: local law enforcement worries more about the individual in question that the letter of the law. Regardless of what the legislators write, your average cop here knows damn well why you're carrying a knife, and whether or not he should be concerned about it.

 

[edgreywolf]

just make sure that you dont carry anything you cant live without just in case

 

[Esav Benyamin]

just make sure that you dont carry anything you cant live without just in case

Good point. Also why I like to carry a SAK or multitool or tiny knife like a Subcom all the time, whatever else I might bring.

The utility knife will be with me and will take care of business. Deciding to carry a new tactical or woods knife is something I can forget one day and still not be knifeless.

And I'm not likely to have to explain a small utility.

 

[Fraser]

I once got caught at a metal detector in a federal building. I simply forgot that I was carrying a Benchmade Monarch.

The guards were nice enough to let me turn around and leave the building.

In Paris almost the same exact thing happened. However, the guards noticed I was the typical American tourist complete with 2 cameras and Stetson and they pulled me out of line and waved me around the metal detector. I guess they were looking for Muslims that day.

 

[Gunfucius]

Under three inches?!

Illinois is determined to outlaw anything that can be used for self defense, and I'd go for a 4-incher. I've never been arrested or even frisked and if you keep your nose clean I can't imagine anyone would would care.

I agree with that. I've carried a 7 inch fixed blade openly in town in Illinois back in my mall ninja days, and I was never hasseled about it, though people did make jokes about me being a "wannabe commando" behind my back. It was for uhh, picking splinters and such, I swear!

These days, I usually carry a 4" fixed blade while I'm in town. Honestly, I could probably get by with a 2" slipjoint for that purpose, but I have a thing for medium sized fixed blades.