You can also be charged with a Class 4 felony for possessing brass knuckles. Can you please elaborate on throwing knives (non-folding, single edge blade, less than 6) in the greater Chicagoland area? The Reader's Digest Version: The mere possession of brass knuckles is illegal under two separate sections of the Penal Code in California. You may have an error on your website in regards to blade length. We try our best to keep things fair and balanced, in order to help you make the best choice for you. -Must have not been in a residential or court-ordered treatment for. Most states view knuckles as concealed weapons. A person convicted of a violation of subsection [] 24-1(a)(9) commits a Class 4 felony; [] A person convicted of a second or subsequent violation of subsection [] 24-1(a)(9) commits a Class 3 felony. Save carrying that for the zombie apocalypse. The American legal code is somewhat more lenient. I wish to carry a hunting knife with a blade of 6 inches or more not only while hunting but outside on private property and sometimes while walking park trails where we walk our dog. Having said all this, the answer to your question depends on what youre carrying. Didnt read whole page, so I might have missed it but as of August 2017, switchblade are legal as long as you have a FOID and are 21. You are more likely to get Probation or Court Supervision for the possession of brass knuckles as opposed to the possession of a firearm. Kinda confused so can I carry concealed throwing knives that the blades are 5 inches in a public place that isnt a school or places like that as long as I have no intention of hurting someone, I just laughed really hard. If you are thinking about purchasing a self-defense weapon, it is important to research the laws in your state to make sure you are legally allowed to carry the weapon. A single finger brass knuckle is equivalent to a full-fist brass knuckle under the law. James Dimeas is a nationally-recognized, award-winning, UUW lawyer. Brass knuckles - unsurprisingly, any metal knuckles, not just brass, are illegal. []. These are illegal to use in Illinois. However, for what its worth, Id say your situation is a bit touchy and a police officer who may find you with an actual sword, would surely question you. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Three inches is measured from the tip to the handle (ie. Plz help if you could plz. If you are arrested for carrying or using brass knuckles, your charges will depend wholly on the circumstances of the incident. Guns are obviously legal but only with proper licenses. If you can show that you use it primarily as a tool it will be hard to prove carrying it for harmful intent should you have to use it in self defense. I only want to conceal them because I dont want customers that I visit to think Im a crazy psycho if I walk in to their businesses with a sheath of 3 or 6 knives on my belt.Thanks for your help,Redhat. -Must not have two or more violations related to driving while under the influence of alcohol, other drugs or intoxicating compounds within the past five years. Assisted open and switchblades are two different categories. If you want to EDC a 3+ inch knife in Illinois I guess thats your call. Like any dangerous weapon, brass knuckles always have the potential to hurt others, whether purposely or accidentally. Follow your state's brass knuckle laws. Can you carry in winnebago county Illinois and Rockford Illinois? -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. Good citizens pay the price, once again, for the criminal actions occurring in areas heavily populated by certain minorities. So if I carry one and the cops pull me over or stops me and finds it he cant say anything right? So from what i read i am able to flip my balisong in public correct? 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. Here is what case precedence and the legislature has determined. alcoholism, alcohol detoxification, or drug treatment within the past five years. Brass knuckles are legal in many states, but they are illegal in California, Michigan, Illinois and Vermont. If youve ever owned a kitchen knife for cutting meat before (and you likely have), you know theyre not built to last. The hilt is where the factory handle ends and the measurement from the tip to the hilt must be less than 3 inches. -Must have a valid Firearm Owners Identification card. Please change the information on this page to reflect the recent changes in Illinois law. Update: as of 2017 switchblade are now legal in Illinois for residents with valid Illinois FOID cards. If you are caught with a pair of brass knuckles, you could be facing up to a year in county jail and a fine up to $2,500. Could you find yourself in trouble if you use it in a self defense scenario? Some states only ban metallic knuckles, while others ban hardened knuckles of any kind. Some states are fine with them, some require you be 18 to own them, and others just make them illegal. Applications cost $10, may take up to 30 days to acquire, and the minimum age is 21. Some states only ban metallic knuckles, while others ban hardened knuckles of any kind. Thank you. Two of them had no idea it is now legal to carry switchblades. 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. Firms, Complaint For Loss Due To Product Defect and For Discovery, What it means to be charged with violating your state's brass knuckle law, including elements of the crime, potential defenses, and negotiating any possible plea deal, If you or a loved one has been the victim of brass knuckle violence, whether you can recover damages from the assailants, their employers, or a third party that may have had a duty to prevent brass weapons from being used. Knowing the specific laws for whichever part of the U.S. you are traveling through is extremely important if you wish to avoid criminal charges. From experience, even though the criminal charges for the possession of brass knuckles is the same as the possession of a firearm, criminal defendants charged with possessing brass knuckles are generally not treated as harshly in Court as criminal defendants who are charged with a possession of a firearm. I have a 4 inches long blade knife with sheath is that illegal where can I get a license for it in Illinois. Im a 16 year old is it legal for me to carry a 2 and a half inch blade in a forest preserve for uses of bushcraft in Illinois, I have to look up what a ballistics knife is l never heard that tremallage before thank you for the information Michael. 720 ILCS 5/33A-1 (2013) Legislative intent and definitions. Why did brass knuckles become illegal? There are different tools and equipment that we typically require to use in various situations in our lives. I have a sheathed knife that is just under 5 and a half inches and i am 16 years old is it illegal to conceal cary a knife that long at my age do I need some sort of permit? I would have no intention of harming anyone unless I were defending myself. Does that answer your question? 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. If the cane is used in an unreasonable manner, to repel an unwanted advance by a . If you disagree, please read through the legalese and show me where Im mistaken. Also if I can in Chicago whenever I go there. Rep. Tony Lovasco introduced the amendment during debate on a . I suppose not as long your of age 16+ and its 3. brass knuckles) are illegal under California law. (a) Legislative findings. Or even carry them on me Just want to be certain whether or not I can own certain knives. Illinois law states that you can carry any knife so long as it is legal and do not intend to harm or break the law! Does this carry over to knives as well???? The law also has all these long paragraphs about how committing a crime with a deadly weapon would increase the offense but Im sure that applies to none of you ;-). Here are a few QUICK FACTS to keep you in safe hands from the LAW - All ballistic knives are illegal to possess to say hey thats a dangerous weapon. I am bumping this, I would like to know as well. Just watch out for Chicago as there is no state preemption. This includes brass knuckles that are used as jewelry, accessories, or anything else exhibiting them. The Reader's Digest Version: The mere possession of brass knuckles is illegal under two separate sections of the Penal Code in California.It is a wobbler. -Must have not been convicted or found guilty of a misdemeanor involving the threat of physical force or violence to any person within the past five years. 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. Im sorry Im so confused. Search, Browse Law So an Illinois resident could own a Bowie knife as long as it was under 3 long? What about swords? To be safe, Id make the knife small and non-aggressive looking (ie. Brass knuckles are not expressly prohibited in Idaho, which means they are legal in certain situations. Also, lots of coyote sightings in area. yes railrods are soposed to be bilt by chineses, Why would you need to carry a railroad spike?, no it shouldnt be i have carried one before, Yea carry that spike up your ass that would be legal also. I have a Microtech Ultratech. Use of brass knuckles can cause lacerations, broken bones, concussions, damage to the eyes and nose and, in some cases, death. Three charges for one crime! The case of People v. Kinchy found that having a hunting knife is not a crime in and of itself but, only when you have intent to harm others, would it be. No. I own a katana. Effective immediately. You can, however, own knives longer than that just stay off those properties. For example, states such as California, Michigan, Illinois, and Vermont prohibit the possession, sale, or use of brass knuckles. They have recently allowed FOID holders to possess switchblades. Is it illegal to carry? Whether youre looking to buy a knife, sharpen it or understand the knife laws, KnifeUps 11-year strong library of over 300 pieces of professionally researched content will answer your questions with straightforward answers. IF THE MILITARY,AND LAW ENFORCEMENT, AND FIREFIGHTERS CAN USE THEM, THEN WHY CANT THE REST OF THE CITIZENS. Checklist prior to applying for an Illinois Concealed Carry License for Illinois Residents. Its an automatic OTF knife with a 3 and half inch blade. Advantages and Disadvantages of a Hawkbill Blade Knife. WHYCANT I HAVE THE SAME TO MAKE MY LIFE EASIER. According to my interpretation, your knife does not fall into the banned weapons category, so youre good. The State Trooper found the brass knuckles and charged my client with Unlawful Use of a Weapon (720 ILCS 5/24-1) because of the brass knuckles. They also helped me save $30! Good thing I dont live in Chicago, seems like they are strictly bad in that area. A railroad spike is not illegal to carry if you DO NOT have nefarious intent. South Carolina only bans brass knuckles if they are used with the intent to commit crimes. In World War I and World War II, brass knuckles were often attached to knives to use in trench warfare. The only place Ive been asked to remove it is at concerts, and once at a hospital I was even able to carry it in our local minor league baseball game. Final Takeaways. THANK YOU. But is 3-inches-on-the-mark illegal? A souvenir from Haiti thats in a sheath? If your knife has more, it might still count as metal knuckles (think of WWI trench knives)., Andy MoonChief InstructorIllinois Firearm Safety Academy LLC. as of August,2017: Switchblades and other automatic knives are legal to carry with proof of the carriers ownership of a (FOID) Card, in the State of Illinois, Heads up Chicago has different knife laws than the rest of Illinois, just something to note. I used to live in Chicago. I dont want to break any laws but I do want to be able to protect myself against gang members that might have guns (yes, I know you shouldnt bring a knife to a gun fight but its better than trying to try throw my boot at them). 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. Robbing a bank with a dangerous weapon is another charge. Most likely the 2.5 to 3 laws you hear about are more county or city base laws or tips to avoid hassle if caught with one during random inspections or traffic stops etc. Would love to hear feedback on this. Not sure what will happenwith switchblade & auto knives in Illinois when or if it passes. No how. Lets just simplify can we?!! Florida A lawyer could probably use your self defense intent as your intent to harm someone who attaches you, screwed up isnt it. (2) A Category I weapon is a handgun, sawed-off shotgun, sawed-off rifle, any other firearm small enough to be concealed upon the person, semiautomatic firearm, or machine gun. Im thinking of buying a karambit is it illeagal? 33 Reply [deleted] 7 yr. ago 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. It depends on where you are in IL and the situation. The act provides an exemption to the UUW statute that bans switchblades. Does factory stated length bear any weight in the determination of length regarding the legal definitions available to us? The state of Illinois only banned the possession of throwing stars, switchblades, ballistic knives, and knives that open with a press of the button. Six to one, half dozen to the other. Why Are Brass Knuckles Illegal Anyway? Other states only ban metallic brass knuckles or apply age restrictions to ownership of them. While they arent a replacement for tough steel knives, ceramic knives are versatile and ideal for any kitchen. Its not a standard thing to be carrying on your person so it would raise more questions unless you worked for the railroad or something. Im not a paid spokesman or advertiser for Smith & Wesson but I live in Illinois and carry their model CK117B which is 2.93 long from the hilt. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Knives are the same; different types make your tasks easier only if you know what each type is best for. Did you or did you not read article? Switchblades should actually be legal to carry now in Illinois as of late August 2017. Legally Yes, according to my interpretation of the law. However, intent is not the only criterion for determining how to write Illinois knife laws. THE GANG BANGERS CAN GET ANYTHING THEY WANT, AND USE GUNS AND KNIVES ANYWAY THEY WANT. So its legal to carry a bowie knife as long as you do not intend to harm someone? Can you open carry a knife? Most states have taken one of the following three legal approaches: Texas Governor Gregg Abbott signed House Bill 446, the self-defense bill, that legalizes the carrying of certain self-defense items, beginning September 1, 2019. Usually you plan on defending yourself via harming the attackerthats why you carry a weapon in self defense. You cant carry anything over 2.5 in Chicago, Awesome information well summarized. or what if I was a knife, is that legal? Thanks. 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. Other states only ban metallic brass knuckles or apply age restrictions to ownership of them. The State Trooper pulled the client out of the vehicle and placed him under arrest. Brass knuckles are pieces of metal shaped to fit around the knuckles.Despite their name, they are often made from other metals, plastics or carbon fibers. Are push knives illegal? Ive gone through all of this carefully, and my reading of the law is that there ARE restrictions state-wide on carrying a knife with a blade of at least 3 inches in length. Did you not read the article? It has been awhile since switchblades were made legal to carry in IL, yet no one can tell us if it is now legal to conceal carry a blade longer than 3, with a FOID Card/CCW license. this knife looks like it includes knuckes, so it could reasonably be said that they are a type of brass knuckes. In this article, were told that any knife can be carried as long as there is no intent to harm anyone. Only if it can be found (by a police officer or in a court of law) that your intent was to harm someone. Its all about intent. DO NOT ever say youre carrying it for self defense you will be charged and arrested. Could you please update this with the changes that have been made in regards to being able to carry an automatic knife when you possess a FOID card? Throwing, Ballistic and Automatic knives are illegal to own at any time. Disguised knives like cane knives, belt knives, and lipstick knives are legal. Brass Knuckles and the Law Views on this weapon differ from one state to the next. Illinois SB 607 repealed the ban on switchblade knives in Illinois on August 11th 2017. Im confused myself at authors use of grey area with stillettos, its not auto because I need to push a button? So a legal carry knife must absolutely be fully and completely under the three inch mark? Please answer. Copyright 2023, Thomson Reuters. When used properly, brass knuckles can help police officers subdue suspects without causing serious injury, and they can also help protect officers from harm. whose property you wish to carry on. (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, stun gun or taser or any other dangerous or deadly weapon or instrument of like character; or. Legal ? Also called "knuckle dusters" and "knucks," brass knuckles were often attached to knives used in trench warfare in World War I and World War II. please and thankyou very much! TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow yes i understand all the different classes of illegal weapons, and i understand that any blade over 3 is illegal to carry. The majority of this article is outdated.The legislation has changed radically. It isnt a crime in and of itself. He did not know that he was facing the possibility of being sentenced to one-year in County Jail and fined up to $2,500. This means other than on completely private property (excluding private property supported by grants, subsidies, TIFs, etc.) Being struck with brass knuckles can inflict broken bones, cuts, concussions, and injuries to the eyes and nose. These states put brass knuckles in the same category as machine guns, blackjacks, sandbags, knuckle dusters, switchblades, billy clubs, and other illegal weapons. 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? FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. So like most ,people in Illinois , i remain a bit confused on the law. However, there is significant state-to-state variation in the statutes that govern the use and possession of brass knuckles. In addition, they are often associated with criminal activities such as gang fights or robberies. See 730 ILCS 5/54.555.Feb 13, 2011. Materials that are used to make hardened knuckles include brass, steel, hard plastics, and acrylic. the hilt). The knives you just place between your fist, basically a knuckle or fist knife. It looked like the way Coldsteel got to that measurement was by measuring a straight line from the hilt and along the spine so the distal 3.0 inch mark was actually off the blade with the curve leading down away from the ruler. Thanks! I ride the Metra too, and if I had to defend my life, I would rather be defending myself in court instead of hoping the court system would make my death right trying to convict a criminal assailant while Im 6 feet under. (a) Whoever possesses or stores any weapon enumerated in Section 33A-1 [720 ILCS 5/33A-1] in any building or on land supported in whole or in part with public funds or in any building on such land without prior written permission from the chief security officer for such land or building commits a Class A misdemeanor. Knuckle weapons were staples for all kinds of soldiers to take care of the duels and altercations. That is NOT why you were originally carrying it (wink, wink). So, when you use the knife for self defense, your intend to use the shiny part to blind them or something? Because of the Democrats. Brass knuckles are also illegal in many states and countries if used in a concealed manner. In some countries, it is completely illegal to possess brass knuckles. Deadliest feature: They . It will also include excerpts from the law itself and case precedence so you will know exactly what the law means. Who are u? If I have a collection and some of my knives fit the description of the illegal ones, does that mean Im breaking the law? Category II dangerous weapons are daggers, dirks, switchblades, stilettos, axes, hatchets, knives with blades over 3 inches, and other similar weapons. Switchblades and other automatic knives are illegal, UNLESS you carry a valid FOID card (Firearms Owners IDentification). (can be obtained through link on ccl4illinois.com). In August of 2017, Illinois Public Act 100-0082 was revised to allow for ownership and carry of a switchblade knife as long as you posess a valid Firearms Owners Identification (FOID) card. http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=100-0082, Wait so balisongs are legal So trainers are a-ok. State law defines intent as attempting to injure another person by using a knife. This is old information. If you are caught with a pair of brass knuckles, you could be facing up to a year in county jail and a fine up to $2,500. Clip Point Knife: Ultimate Comparison [2022 Update], http://wgntv.com/2013/08/01/family-carjacked-at-gunpoint-in-schaumburg/, https://www.billtrack50.com/BillDetail/1186769, https://hobanco.com/blogs/news/illinois-knife-laws. Basically a knuckle or fist knife 16+ and its 3. brass knuckles can inflict broken bones, cuts concussions. Unwanted advance by a you are more likely to get Probation or Court for... 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