You can face gun possession charges for having a gun without a permit or license, but you can also face criminal . http://wgntv.com/2013/08/01/family-carjacked-at-gunpoint-in-schaumburg/. However, I always have to tell people that Im not a lawyer and you cant take my word as final. Im wondering if I can carry an auto/switchblade in cook county? He said hell make the arrest and let the court decide if the individual had intent to harm. Florida I wised up and left. When brass knuckles are used in a fist fight, they can cause serious injuries or death. A Class A misdemeanor offense is ranked as the most serious misdemeanor. Are these allowed, can they be concealed and is there a limit on how many I can carry? What happens if I get caught with brass knuckles? On top of all these specific rules, the case of People v. Fort in 1970 found that, even if an item is not specifically listed as a dangerous weapon, it can still count as a dangerous weapon by the way it is used. Is it considered a illegal automatic knife if it is spring loaded when you open it without button pressure? Any thoughts on the Cold Steel Double Agent? My client told me that hes had the brass knuckles since he was a teenager and had no idea that he could be charged with Unlawful Use of a Weapon by simply possessing a pair of brass knuckles. I carry a knife in my belt for Self-Protection (rather than carrying a gun). The only time the length of the knife blade is mentioned in the law is the section that defines the different Categories (1,2 and 3) of weapons. So, I take it you can open carry a Bowie knife? Autos have spring. NO WAY! A railroad spike is not illegal to carry if you DO NOT have nefarious intent. and they seem to have no answer. One may carry a knife as long as there is no intent to harm another person. The fact that you would probably use it in self-defense in extremis should not be mentioned. Used on one or both hands, brass knuckles are illegal in most states. FINALLY. Effective August 11, 2017, the possession and carrying of automatic knives is legal for any citizens who possess a Firearm Owners Identification (FOID) Card in Illinois. Are push knives illegal? "Metal knuckles" (a.k.a. According to my interpretation, your knife does not fall into the banned weapons category, so youre good. THANK YOU. 1) ANY knife with A BLADE OF AT LEAST 3 INCHES IN LENGTH is enumerated as being a dangerous weapon in Section 33A-1 [720 ILCS 5/33A-1. In general, states that have the with no intent to harm anyone type clauses when asked its recommended you say that it is not carried for self-defense, but for utilitarian uses. Keep in mind that Im not allowed by law to give you official legal advice, so my disclaimer is that you need to get official advice from legal counsel in the state of Illinois. You also cannot bring a knife into a school zone, and this includes university campuses. It is illegal in many states to possess brass knuckles. As someone pro gun and pro carry it's kinda bizarre to me how concealable weapons like knives and brass knuckles are so heavily stigmatized or outright illegal when they are all less lethal than a firearm, especially when it comes to things that are actually intended to be less lethal, like saps, batons, and mace. Publicado en . I have an assisted opening knife that has a 3 1/4 inch blade. The question will be (if you are confronted with an officer) what is your intent, and as long as you can make a very good argument in favor of your peaceful intentions, you should be good. Knife laws in Illinois can be quite confusing. Your information is outdated, and inaccurate. In short, its not always a good idea to do something just because nobody told you not to. Of course, as with any tool, there is always the potential for misuse. Although the possession of a pair of brass knuckles is usually only penalized as a misdemeanor crime in states where they are against the law, using brass knuckles in a violent crime can often lead to felony charges. Or does the context of self defense cover you? Also, lots of coyote sightings in area. This article will give you the basics of Illinois knife law in simpleeverydaylanguage. See 730 ILCS 5/54.555.Feb 13, 2011. I use it to cut parcels open that I get from Amazon and ebay.Also to use on hard to open grocery store products. It seems silly that brass knuckles are still illegal when all 50 states have some manner of legally carrying a handgun. For example, states such as California, Michigan, Illinois, and Vermont prohibit the possession, sale, or use of brass knuckles. Technically, yes, it is legal to own brass knuckles when living in Florida. I travel in and around Chicago daily and needless to say there are some bad neighborhoods. -Must not be subject to a pending arrest warrant, prosecution or proceeding for an offense or action that could lead to disqualification to own or possess a firearm. And so the longest possible blade length you can carry would be something along the lines of 2.9 inches or 2.9999999 inches long? Why cant we get clarification from anyone? Hey Gina;As always, we need to say were not lawyers and cant give you official advice. It seems unclear. From what I saw any blade over 3inches is considered a dangerous weapon but a dangerous weapon is Legal as long as youre not doing anything illegal with it. However, many questions will probably have to be directed to a state attorney or para-legal for official clarification. The legislature finds and declares the following: (1) The use of a dangerous weapon in the commission of a felony offense poses a much greater threat to the public health, safety, and general welfare, than when a weapon is not used in the commission of the offense. Update: as of 2017 switchblade are now legal in Illinois for residents with valid Illinois FOID cards. Hey Steve;Thanks for the question! I play csgo and want to get a Karambit that looks like one of the knives in the game for show. Why are brass knuckles illegal but not guns? This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The case of People v. Marquita in 2012 found that having a steak knife can count as an unlawful use of weapons when there is clear evidence that you are going to use it to harm someone. Am I allowed to have it. Sadly, there are no stats on how many times a gun has stopped an attack or other crimes without firing a shot. You can have a switchblade if you have a valid FOID card. You can NOT use any artifice or creative argument to change the length of a knife. Im thinking of buying a karambit is it illeagal? Sheesh! The law goes into more details on this, 720 ILCS 5/24-1 (2013) Unlawful Use of Weapons. The case of People v. Chrisos found that a piece of broken glass that was 2 to 3 inches in length counts as a dangerous weapon since the edge is a blade. The other police officer said legal or not, hell arrest any questionable or suspicious individual carrying anything other than what he considers a standard folding pocket knife. I have a Buck #112 ranger that I bought on eBay. I have an Illinois CCL and was wondering if I could also carry my Kabar. Use of brass knuckles can cause lacerations, broken bones, concussions, damage to the eyes and nose and, in some cases, death. I have asked three police officers whether carrying it is legal or not. Work, hunting, opening mail. The use of a cane for self-defense purposes is limited by the doctrine of reasonable force. If the cane is used in an unreasonable manner, to repel an unwanted advance by a . []. If someone is injured or property is damaged while you are using brass knuckles, you could be held liable in a civil lawsuit and charged with a crime. You can, however, own knives longer than that just stay off those properties. However, there is no clear statements about what can be concealed and blade length seems to be an issue. In this article, were told that any knife can be carried as long as there is no intent to harm anyone. Signed into law in August 2017, i think Illinois has updated their laws..i believe automatic knives are legal now you may want to check up on it. The time came for Texans on Sunday September 1, 2019, self-defense keychains will officially be legal. Or is 3.0 legal? Name B) Also, I just looked at a review video of the Coldsteel Tigerclaw on Youtube and the reviewer pointed out that the stated length on the packaging was 3.0 inches but that wouldnt stand up in a court of law because the length when measured from hilt to point was longer than three inches. Can the mere fact that you were carrying a knife be considered implied intent to harm if any number of under-3-inch tools are used to defend oneself and causing a severe physical consequence against the attacker you defended yourself against thus making the legal punishment harsher? I own a katana. 6 inch blade, 10 inch bowie? I do not carry inside any store , or wear on my belt/hip while driving ,but it would be in my truck. Can I be Guilty of a UUW by Just Having a Gun in My Glove Compartment, Chicago Criminal Lawyer Blog, by James G. Dimeas, May 2, 2017. Switchblade knives are legal to own and carry in Illinois if the owner possessed a vaild FOID card. Its probably ok but I would recommend something a little more standard that would raise less questions. What are the penalties for carrying brass knuckles without a permit? Stilletto is not a term for automatic knife but for type of blade design. Other states, like South Carolina, make possession of brass knuckles illegal only if someone uses them with an intention to commit a crime. Why Are Brass Knuckles Illegal Anyway? Ive always carried it on my belt. I am bumping this, I would like to know as well. However, they are considered a weapon, and therefore, you need a conceal-and-carry license in order to hide or transport brass or metallic knuckles out of your home. Because if someone doesnt have time to see that what you have is a knife, they could be ended very easily. Illinois is a tough state to summarize regarding knife laws since Chicago has its own set of rules to minimize urban violence. Switchblades are now legal in Illinois for holders of a FOID card. I was wondering about a Machete. The metal frame of brass knuckles is designed to increase the force of a punch and can easily break bones or cause lacerations. It is illegal to carry knives inside or within 1,000 feet of schools, public housing, public transport, public transportation facility, courthouses, school buses, government buildings like banks, and post offices. You just made it a Weapon. Crossbows, Common or Compound bows and Underwater Spearguns are exempted from the definition of ballistic knife as defined in paragraph (1) of subsection (a) of this Section.
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