IL knife laws

[Soybomb]

Anyone care to fill me in with the legalities of carrying a concealed fixed blade in IL (outside of cook county of course)? From a general browsing of 720 ILCS 5 I havne't found anything that makes me think a large knife is of any legal problem unless you're using it for criminal acts.

 

[Broadhead]

Here's a couple of places you may not have seen yet:

http://www.handgunlaw.us/documents/USKnife.pdf

http://www.knifelawsonline.com/knifehome/

 

[Blackbeard]

I've always wondered about this. I've been into gourmet-type cooking for a few years, and I have a good set of knives. Sometimes I cook at other people's houses and I bring my good knives with me, because theirs are crap. Am I breaking laws by carrying an 8" chef's knife in a case?

 

[ilbob]

I had a hatchet in the back of the jeep for a while. Wonder if that was legal.

 

[Don Gwinn]

Illinois has a clause that bans the carrying of vague things like "dangerous knives" in with billy clubs, nunchaku, etc.

Now, in my reading of the law, it looks like that ban only bars carrying such weapons "with intent to harm another unlawfully." In other words, in order to convict you, they'd have to show that you had at least intent to commit a crime with the knife. However, I don't know of any court decision saying that.

So I carry whatever I feel like carrying, but I don't recommend that anyone else do that unless they've at least read the law for themselves.

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)

(From www.knife-expert.com)