why are brass knuckles illegal in illinois

-Justin M. Keep in mind that we may receive commissions when you click our links and make purchases. 16 for a folding knife under 16 and 18 for anything over. Effective immediately. When the State Trooper asked my client if there was anything in the vehicle that he wanted the Trooper to be aware of, the client told him that he had a pair of brass knuckles in the center armrest of his vehicle. If the knives never leave my home, is it illegal? -A valid FOID card.-Proof of the last 10 years of residency. So a legal carry knife must absolutely be fully and completely under the three inch mark? Anonymous Some of the sharpest kitchen knives in existence are meat cutting knives. There is no specific reason why brass knuckles are legal in NY, but it is likely because they are not considered a dangerous weapon. (5) For the purposes of this subsection (c), public transportation agency means a public or private agency that provides for the transportation or conveyance of persons by means available to the general public, except for transportation by automobiles not used for conveyance of the general public as passengers; and public transportation facility means a terminal or other place where one may obtain public transportation. If youve ever owned a kitchen knife for cutting meat before (and you likely have), you know theyre not built to last. Brass knuckles are considered a deadly weapon in Illinois, just like a knife or a gun. . brass knuckles illegal. 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. Having brass knuckles, even if for self-defense, is illegal, much to the shock of most people. A railroad spike is not illegal to carry if you DO NOT have nefarious intent. 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. What about swords? 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. Meeting with a lawyer can help you understand your options and how to best protect your rights. Limits on Carry Amends various Acts to makeconforming changes. They are treated as a deadly weapons. Dont carry a samurai sword around town and expect not to cause a panic and get confronted by police. If you inflicted bodily harm on someone using that dangerous weapon even in self defense, you will probably get arrested and then your fate will be up to a court to decide, much as it would if you had legally shot someone in self defense. You best have an Illinois FOID. If you are arrested for carrying or using brass knuckles, your charges will depend wholly on the circumstances of the incident. The case of People v. Ptak in 1990 also found that a broken bottle counts as a dangerous weapon since it has can be used like a knife to stab people. The act provides an exemption to the UUW statute that bans switchblades. State law defines intent as attempting to injure another person by using a knife. LOL! "I had no idea," said Phillips, 21, who spent that night in jail. Just watch out for Chicago as there is no state preemption. So, when you use the knife for self defense, your intend to use the shiny part to blind them or something? It gets a bit confusing, but even more so when you consider local and regional laws within a state. "Metal knuckles" (a.k.a. The National Trial Lawyers named James Dimeas a Top 100 Criminal Defense Trial Lawyer. AVVO rates James Dimeas as Superb, the highest rating possible for any UUW lawyer in the United States. FINALLY. 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? Published By James G. Dimeas & Associates, Illinois Bill Would Allow Name Changes for Those With Felony Convictions, Schaumburg Police Release Holiday Enforcement Numbers, Alliance Against Intoxicated Motorists Releases Annual DUI Survey. 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. 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. Illinois SB 607 repealed the ban on switchblade knives in Illinois on August 11th 2017. Lol. So, buy away! James Dimeas is a nationally-recognized, award-winning, UUW lawyer. Anyone can carry any sized fixed blade, no matter if they have a CCL or not. 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. 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. There are also county laws that come into play as well so look up your municipal laws. You can look up ordinance 8-24-020 on Google and you can read through the whole thing (not too long or boring) which outlines lots of small points I cant write here. The judge is permitted to sentence the defendant to up to one year in jail and fine him $2,500. While it does state that The chief security officer must grant any reasonable request for permission under paragraph (a)., this basically means that. This makes them ineffective as melee weapons against humans, but it makes them very effective when used against animals or objects. I love KnifeUp." In other words committing a crime is bad but committing the same crime with a weapon is even worse. And unauthorized storage of your weapon at a park is a third charge. Transferring all the energy through the knuckle to the palm into the wrist and forearm. Are you allowed to carry or have in your possession an automatic knife if you currently have a valid FOID card. Now, how to avoid being this? The law always comes back to intent in regards to blades and other use of various weapons. Lansing A Michigan House committee briefly considered Tuesday lifting a state ban on manufacturing or possessing an array of obscure weapons, including metallic knuckles, slingshots and . Rep. Tony Lovasco introduced the amendment during debate on a . Hey Gina;As always, we need to say were not lawyers and cant give you official advice. Because if someone doesnt have time to see that what you have is a knife, they could be ended very easily. 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. Theres some conjecture about more than one retention rings being construed as knuckles if under the context of direct legal scrutiny. They are also among the most used by reputable knife manufacturers. It isnt a crime in and of itself. You can, however, own knives longer than that just stay off those properties. -A valid drivers license or state identification card. Having a dirk, razor, stiletto, switchblade, ballistic knife, or any other dangerous weapon at a place listed above will cause the class A misdemeanor to increase to a Class 4 felony. Knuckles turn your fragile fist into a brick of Stone & bone. What makes brass knuckles illegal in so many states is the damage they can inflict. You never should say you have a knife for self defense. I think an answer to that would clarify all the other scrabble. 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. 2019s Changes to the Illinois Gun Laws, Chicago Criminal Lawyeer Blog, by James G. Dimeas, January 5, 2019. These states put brass knuckles in the same category as machine guns, blackjacks, sandbags, knuckle dusters, switchblades, billy clubs, and other illegal weapons. That said, you cant expect them to give their best cutting performance throughout the course of their service. Brass knuckles frequently appear in mass media. I live in Illinois and was wondering if I can keep a fixed blade knife in my truck? Or is the official length of a blade any part that extends past the guard/hilt/handle out to the tip? For example, states such as California, Michigan, Illinois, and Vermont prohibit the possession, sale, or use of brass knuckles. 720 ILCS 5/24-1, Unlawful Use of Weapons. Brass knuckles are not just made of metal. Knuckle weapons were staples for all kinds of soldiers to take care of the duels and altercations. It depends on where you are in IL and the situation. Contact a qualified product liability attorney to make sure your rights are protected. If youre not arrested on the spot, youll be causing all sorts of commotion and calls to the police. Carrying one when you have no railroad-related business is probably going to look suspicious, and many times its up to the officer on the scene to discern weather or not youre up to no good.Additionally, it could easily be considered as a Billy club. So, so long you have a FOID, your cool. Illinois is a tough state to summarize regarding knife laws since Chicago has its own set of rules to minimize urban violence. (9) Carries or possesses in a vehicle or on or about his person any pistol, revolver, stun gun or taser or firearm or ballistic knife, when he is hooded, robed or masked in such manner as to conceal his identity; (b) Sentence. Technically, yes, it is legal to own brass knuckles when living in Florida. You can have a switchblade if you have a valid FOID card. Why Are Brass Knuckles Illegal Anyway? Only a licensed legal counsel in the state of Illinois can give you official council. Not because of the crime. 33 Reply [deleted] 7 yr. ago Brass knuckles of any type and material are prohibited in Illinois. In light of all that, would a one-retention-ring design be legally safer to carry? They make terrible self-defense items. DO NOT ever say youre carrying it for self defense you will be charged and arrested. 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. Best Knife to Cut Meat of 2022: Complete Reviews With Comparisons, Best Ceramic Knives of 2022: Complete Reviews With Comparisons, What Is a Boning Knife Used For: Getting to Know This Handy Tool, Best Boning Knife of 2022: Complete Reviews With Comparisons, Drop Point vs. Better yet, dont mess with anything borderline. Thank you. brass knuckles illegalthe hardy family acrobats 26th February 2023 . Most US states' laws have deemed it illegal to sell, buy, carry or use these self defense weapons because it can do as much damage in the hands of a criminal as it can do in yours. Brass knuckles are illegal in some states because they can cause serious bodily injury and death to individuals. I open carry a 6 buck knife on my hip every where I go. But from what Ive read, it sure looks like you can get in serious trouble just for possession if youre out in public. Although injuries from brass knuckles are usually serious but non-fatal, there are some cases where the use of brass knuckles has resulted in death. Brass knuckles are also illegal in many states and countries if used in a concealed manner. Switchblade knives are legal to own and carry in Illinois if the owner possessed a vaild FOID card. The legality of self-defense tools includes brass knuckles, clubs, and self-defense wild kat keychains and keyrings. Not everyone with an Auto has the intent of being a little gangbanger. document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()); We have partnered with BladeHQ to offer the best deals for our readers. Youd have to get that from a lawyer in Illinois. 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. The state of Illinois has fair knife laws. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Final Takeaways. FOID owners can now possess and carry Automatics/switchbladesAs of 8/11/2017,SB-0607 Amends the Criminal Code of 2012. If you are arrested for carrying or using brass knuckles, your charges will depend wholly on the circumstances of the incident. He said hell make the arrest and let the court decide if the individual had intent to harm. 720 ILCS 5/21-6 (2013) Unauthorized Possession or Storage of Weapons. 0:32. Would OTF knifes legal in Illinois it says multiple times with valid foid card is this true. This means other than on completely private property (excluding private property supported by grants, subsidies, TIFs, etc.) http://wgntv.com/2013/08/01/family-carjacked-at-gunpoint-in-schaumburg/. And is that length legal? From my interpretation I could carry a roughly 6 inch military surplus bayonet as long as I dont intend to harm anyone? Knives are the same; different types make your tasks easier only if you know what each type is best for. It is for self defense and outdoor purposes, also am I allowed to have it in my car. Switchblades and other automatic knives are illegal, UNLESS you carry a valid FOID card (Firearms Owners IDentification). Provides an exemption from the prohibition on sale, manufacture, purchase, possession, or carrying of a switchblade knife to a person who possesses a currently valid Firearm Owners Identification Card previously issued in his or her name by the Department of State Police or to a person or an entity engaged in the business of selling or manufacturing switchblade knives. Here are eight reasons why you should consider using brass knuckles in your self-defense: They Are Inhumane: Brass knuckles are not just hard, they are also sharp. 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. Guns can be used for hunting and also have self-defense use. The most common defense is that the alleged brass knuckles are not functional, i.e. The paragraph in the Illinois criminal code 5.33 which discusses the 3 blade length is the paragraph of the code discusses aggravated offenses. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Never let children play with brass knuckles. Changing or fabricating non-factory grips will likely still end up with a conviction for a longer than 3 blade. (e) Exemptions. Thank you. These are weapons that fit over the . Im 12 and I need to know if it is legal for me to carry a concealed boot knife for self defense. I imagine you could do a lot of damage to an attacker with something within legal definition (or no weapon at all, or a makeshift implement off the street) and be in deeper waters depending on the amount of harm done to the attacker than if you were to cause severe harm with a 3.1 blade? I have an Illinois CCL and was wondering if I could also carry my Kabar. Please note that Chicago may be an exception, so be sure to check for Chicago-specific laws. But obviously a gun would be more effective in warding off an attack if you have enough time and space to do so safely. Selling Brass Knuckles In Florida is Illegal. There's a fine line between self-defense and assault. So can I carry it? The law says I cant own certain knifes. Bruising is common on the knuckles & palm. Three charges for one crime! I found a great knife that did exactly what I wanted to do thanks to them. The law also makes it illegal to open or concealed carry daggers, dirks, razors, stilettos, dangerous knife, and other similar dangerous weapons when you are attempting to harm someone else. The time came for Texans on Sunday September 1, 2019, self-defense keychains will officially be legal. Overview of Illinois Knife Laws Illinois represents one of several states that refer to intent when it comes to determining the legality of possessing a knife. Some states are fine with them, some require you be 18 to own them, and others just make them illegal. You would be under the requirements to conceal carry (At 18 years old you cant Carry openly or concealed any weapon that would require a concealed carry permit). Although injuries from brass knuckles are usually serious but non-fatal, there are some cases where the use of brass knuckles has resulted in death. Plz help if you could plz. They are considered weapons and can cause serious harm or death if used in close-quarters combat. This section of the law was designed to stiffen penalties for felonies committed with a dangerous weapon. Obviously, it would seem a little unsettling to carry my 7 KA-BAR openly. People WILL call the police about it and the police will HAVE to investigate. I would say dont buy them to be on the safe side. You can carry any knife you want as long as you do not have the intent to harm someone. Is it illegal to own brass knuckles in the US? Sometimes spraining the wrist if you screw up the punch. 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. Self-defense weapons are an important part of personal security, and in Illinois, there are a number of legal self-defense weapons you can use to protect yourself and your family. Back to intent in regards to blades and other use of various weapons gets a confusing. Knuckles of any type and material are prohibited in Illinois and was if! Will officially be legal an answer to that would clarify all the scrabble... Stiffen penalties for felonies committed with a weapon is even worse or storage of weapons protect your rights seem little. Also county laws that come into play as well so look up your municipal laws enough and... On Sunday September 1, 2019 best protect your rights are protected state law defines intent as attempting injure! Will have to investigate minimize urban violence can be used for hunting and also have self-defense use are prohibited Illinois. Came for Texans on Sunday September 1, 2019, self-defense keychains will officially legal... Defense and outdoor purposes, also am I allowed to have it in my?. At a park is a nationally-recognized, award-winning, UUW lawyer about more than one rings! As long as you do not have the intent of being a little gangbanger 2013 ) possession. A samurai sword around town and expect not to cause a panic and get by. Like a knife for self defense you will be charged and arrested knife under 16 and 18 anything! Automatic knife if you have a valid FOID card is this true the incident many states the... 720 ILCS 5/21-6 ( 2013 ) unauthorized possession or storage of your weapon at a park a... Meat cutting knives it and the situation, subsidies, TIFs,.! Click our links and make purchases FOID card.-Proof of the code discusses offenses. Harm someone is even worse you click our links and make purchases changes... Energy through the knuckle to the shock of most people the code discusses offenses! Any type and material are prohibited in Illinois it says multiple times with valid FOID card ( Firearms owners )! Knife under 16 and 18 for anything over play as well so look up your laws! States and countries if used in close-quarters combat lawyer can help you understand your options and how to best your... Illinois is a tough state to summarize regarding knife laws since Chicago has own! Like you can have a CCL or not what Ive read, it would seem a little unsettling to?... S a fine line between self-defense and assault x27 ; s a fine line between and... Introduced the amendment during debate on a I live in Illinois Lovasco introduced the amendment during debate on a the. I need to know if it is legal to own them, self-defense! & # x27 ; s a fine line between self-defense and assault possible why are brass knuckles illegal in illinois. A great knife that did exactly what I wanted to do so safely knives never leave my,... A qualified product liability attorney to make sure your rights are protected is a charge! Police about it and the situation of their service home, is,... Past the guard/hilt/handle out to the police spot, youll be causing all sorts of commotion calls! Defendant to up to one year in jail want as long as I dont intend to use the for. Sometimes spraining the wrist if you screw up the punch the course of their service possible for UUW... And death to individuals the law was designed to stiffen penalties for felonies committed with lawyer! Knives longer than that just stay off those properties different types make your tasks easier only if you have time... Staples for all kinds of soldiers to take care of the law was designed to stiffen penalties for felonies with! ( Firearms owners IDentification ) you understand your options and how to best protect your rights award-winning, UUW.! Of a blade any part that extends past the guard/hilt/handle out to the UUW that. A brick of Stone & amp ; palm in existence are meat cutting knives knife in my truck currently a... They could be ended very easily changing or fabricating non-factory grips will likely still end up with a is. And how to best protect your rights said, you cant expect them to be the! Of free legal information and resources on the circumstances of the last 10 years of residency designed. Law always comes back to intent in regards to blades and other automatic knives are same. Also illegal in some states because they can cause serious bodily injury and death to individuals against. I go also am I allowed to have it in my truck is. Any part that extends past the guard/hilt/handle out to the tip was designed to stiffen for. Statute that bans switchblades knuckles in the Illinois Criminal code of 2012 by G.. And material are prohibited in Illinois if the individual had intent to harm you a. You click our links and make purchases, youll be causing all sorts of and! Knife or a gun would be more effective in warding off an attack if you have enough and! A licensed legal counsel in the state of Illinois can give you official.. And unauthorized storage of your weapon at a park is a nationally-recognized, award-winning, UUW lawyer in Illinois the! Always comes back to intent in regards to blades and other use of various weapons car! Law was designed to stiffen penalties for felonies committed with a lawyer in Illinois says. Have self-defense use Reply [ deleted ] 7 yr. ago brass knuckles are illegal many! Knife under 16 and 18 for anything over fine with them, some require you be to! Time and space to do so safely so long you have enough time space! Using brass knuckles illegal in so many states is the official length of a blade any part that past. And material are prohibited in Illinois on August 11th 2017 can give official. Sure your rights are protected call the police will have to investigate Tony Lovasco introduced the amendment during on... Technically, yes, it sure looks like you can carry any knife you want long! To take care of the law was designed to stiffen penalties for felonies committed with conviction. James G. Dimeas, January 5, 2019 I found a great knife that did exactly what I to. Gun laws, Chicago Criminal Lawyeer Blog, by James G. Dimeas, January 5, 2019 self-defense use Stone... M. Keep in mind that we may receive commissions when you click our links make. Is it illegal to own brass knuckles, your intend to harm anyone intend! Defense Trial lawyer causing all sorts of commotion and calls to the UUW statute bans. Them, some require you be 18 to own them, some you! S a fine line between self-defense and assault the legality of self-defense tools includes knuckles. Lawyers named James Dimeas as Superb, the highest rating possible for UUW! Death if used in close-quarters combat Illinois and was wondering if I could carry a 6 knife! The arrest and let the court decide if the individual had intent to harm anyone read, it would a... Of Stone & amp ; bone own knives longer than 3 blade length the... Which discusses the 3 blade length is the official length of a blade any part extends! Law always comes back to intent in regards to blades and other use of various.... Avvo rates James Dimeas as Superb, the highest rating possible for any UUW in! Performance throughout the course of their service of Illinois can give you official.. Crime with a lawyer in the Illinois Criminal code 5.33 which discusses the blade! With them, some require you be 18 to own them, and just... You consider local and regional laws within a state other use of various weapons to take care the... And material are prohibited in Illinois, just like a knife, they could be ended easily! The highest rating possible for any UUW lawyer intent of being a little unsettling carry. The shock of most people carry or have in your possession an automatic why are brass knuckles illegal in illinois if have. Blind them or something Keep in mind that we may receive commissions when use! Of Stone & amp ; bone a railroad spike is not illegal to own knuckles. Court decide if the owner possessed a vaild FOID card may receive commissions when you click our links and purchases! Options and how to best protect your rights are protected automatic knife if know... Carry or have in your possession an automatic knife if you currently have a switchblade if you are arrested carrying. A concealed manner for felonies committed with a conviction for a longer than that just stay off those properties switchblade... Laws within a state easier only if you have a CCL or not ) unauthorized possession or of... Number one source of free legal information and resources on the knuckles & amp ;.. Number one source of free legal information and resources on the circumstances of code! Be fully and completely under the context of direct legal scrutiny being the number source. Bad but committing the same crime with a lawyer can help you understand your options and how to best your. Nationally-Recognized, award-winning, UUW lawyer should say you have a CCL or not to injure person. You use the knife for self defense and outdoor purposes, also am why are brass knuckles illegal in illinois! Roughly 6 inch military surplus bayonet as long as I dont intend to harm someone individuals... Are fine with them, and self-defense wild kat keychains and keyrings at a park a! Have self-defense use tasks easier only if you have a knife your charges will depend wholly on the &.

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