Illinois Knife Laws Summary
In Illinois, a state of jigsaw legislating, an eclectic patchwork of laws, ordinances and regulations has emerged to govern the possession, carrying and use of knives. A basic understanding of the "where" and "how" of the seeming chaos, however, gives rise to a clearer understanding of the "what." Understanding the ranges of knife carry laws in Illinois is critical to our understanding of the permissible activities with those knives.
At the state level, the Illinois Criminal Code (the Code) more or less harmonizes the patchwork of city ordinances and park district regulations into state policies. When assessing the limits of knife carry, officials and the courts generally refer to the Code, although certain local restrictions may be enforced depending on localities. Relevant to our discussion of knife carry in Illinois, the Code establishes two categories of knives: "fixed blade knife[s]" and "switchblade." The term "knife" is not defined separately in the Code. Rather, section 1. Definitions, of the Criminal Code states, "As used in this Code, unless the context otherwise requires . . . (d) "knife" means any fixed blade knife, a switchblade knife, a stiletto (broadsword), sugar cane knife, cane sword, a ballasted cane , a belt buckle knife, a belt buckle sword, a hollow-handle knife, a sword cane, a shuriken or any article that appears to be a sword cane, a shuriken or any article that appears to be a shuriken, a hollow-handle knife and a ballistic knife." To summarize at this point in our analysis, the relevant types of knives we will be addressing in the following sections are fixed blade knives, switchblades, stilettos, cane swords, ballasted canes, shurikens, and ballistic knives.
The Code provides that it is a Class 4 felony to possess or carry any of the above-enumerated types of knives for purposes of use as a weapon, meaning, "[A]ny of the above-enumerated knives that are carried ampoule, concealed or otherwise, except those knives carried in a manner that the blade is not exposed, when immediately accessible at a place of business, residence, or fixed abode of that person] is prima facie evidence of carrying a concealed weapon." That is to say, the prosecutor must still prove that the concealed knife is unlawful. While the Code does establish a minimum range of punishment (1-3 years in prison and a fine up to $25,000), a diligent attorney may either plead or argue the law in such a way as to minimize possible sentencing exposure or risk of conviction.
Categories of Knives and Relevant Laws
Illinois law provides for a variety of knives, including both knives deemed illegal to carry and knives which are legal to carry but not necessarily legal to use for self-defense purposes. Among the numerous types of knives recognized under Illinois law are:
Non-switchblade knives
Under the Illinois Criminal Code, the term "non-switchblade knife" can be defined as a knife that has only one blade that is open-able (not foldable) and non-retractable (not closable), which is capable of being drawn, opened, or otherwise opened with one-hand, by means restricted to the thumb or single hand. These particular knives are non-restrictive, thus, legal to carry within the state.
Dirks, daggers and stiletto knives
Dirks, daggers and stiletto knives are all categorized as illegal to carry under the Illinois Criminal Code, and are defined as a rigid, pointed blade, except for a folding-blade knife with a blade that is 3" in length or less, and a curved blade, with or without serrations, which is designed to stab in addition to or instead of cutting.
Switchblade knives
Within the state of Illinois, it’s illegal to carry a switchblade knife. A switchblade knife is categorized as a knife having a blade that is 3" or more in length, and capable of being opened with a flick of the wrist or other mechanical means. However, knife switchblade knives which are considered "art knives" are not prohibited under the law.
Automatic knives
Under the Illinois law, automatic knives are prohibited to carry. Automatic knives are defined as knives that are open-able at the push of a button, lever, or other mechanical device.
Knuckle knives
Under the Illinois law, "knuckle knives" are prohibited to carry. Knuckle knives are defined as a knife that is similar to a regular knife, but with a handle that is connected to and that has protrusions which approximately match the configuration of the user’s knuckles.
Concealed Carry of Knives
In order to carry a concealed knife, the law typically requires that you obtain a permit – and Illinois is no exception. Section 65 (License Application) of the Concealed Carry License Act, 430 ILCS 66/1 et seq., details the application process for the Illinois Concealed Carry License. However, unlike the possession of a knife in general, Section 65 makes it additional clear that "licensees shall not be required to provide [specific] information about firearm[s]," in the event that a licensee is questioned about the contents of their concealed carry purse or jacket.
Open Carry of Knives
Open carry of knives is legal in all places of the state of Illinois except for prohibited areas such as schools, government buildings, and – of course – police stations. But it’s important to note that: (1) the definition of "open carry" is not as strict for knives as it is for firearms, and (2) any knife under two inches in length can be considered "concealed" based on how it is being carried and never even be seen by an officer in the first place.
Open carry means that the knife is visible to the public, with or without active intent. For a knife to be considered "open", the individual must be passing through security with the knife visible in some way, such as in a sheath attached to their belt. Some areas permit sheathed knives to be visible without restriction, while others may interpret the law as requiring the sheath to be separate from the belt.
If the knives are being carried on a person where they could easily be pulled out and used in self-defense, the act is likely to be considered open carry.
As a practical matter, though, most knives that are worn as a part of their everyday person will likely not attract the attention of nearby civilians or security.
The only guideline specifically for the Open Carry of knives is the same as for Open Carry of firearms: be intelligent about where you carry them. Many have interpreted "intelligent" to mean not in places where they would be considered unnatural or unusual.
Exceptions to Knife Carry Laws
There are certain exceptions to knife carry laws in Illinois. For example, law enforcement officers are exempt from the prohibition against carrying knives for "law enforcement purposes." However, carried knives for "self defense purposes" are not exempt.
Furthermore, knives possessed by military personnel, when they are on duty or traveling to and from duty, are an exception as well.
There is also no prohibition against possessing "ordinary" (non-switchblade) pocket knives on school property if they are otherwise carried in a manner "consistent with the rules of the board of education." Since there are no state-wide rules of the board of education , it is up to each school district to come up with its own rules regarding the possession of knives on school property.
Knives may also be lawfully possessed within a person’s dwelling or on their land. However, that rule does not apply to land owned by someone else (like a business), to adjacent land owned by someone else (like a neighbor), or to private roads, streets or driveways used to access your land from a public highway.
Penalties for Knife Carry Violations
Carrying a knife in Illinois is a serious violation. If caught violating knife carry laws, you could face numerous legal issues including fines, misdemeanor or felony criminal charges, and even jail time.
Fines
The fine for carrying a concealed knife without a License to Carry a Concealed Weapon is a Class B misdemeanor (720 ILCS 5-2-12), with a possible $1,500 penalty.
Criminal Records
The ramifications of being charged with a knife possession violation can be long-lasting. With a conviction for carrying a knife, you could face a felony charge, resulting in a felony record. If convicted of a felony for carrying a knife, you would not be able to purchase guns or get job that requires a background check.
Recent Amendments and Legal Interpretation
In recent years, Illinois has seen significant legal developments in the area of knife carrying laws, resulting in a growing body of case law. While no high-profile cases have arisen specifically addressing knife carry laws, changes in the judiciary’s approach to interpreting relevant statutes may have broad implications for how knife laws may be interpreted in legally ambiguous situations.
One recent case, People v. Reid, No. 2-12-1179 (Ill. App. Ct. Feb. 19, 2015), however, hit one of the most troublesome threads in Illinois knife laws: figuring out what exactly a "switchblade" knife is, and when it is legal to carry one as opposed to a spring-loaded or automatic knife that does not fit the definition of switchblade knife. In Reid, the Appellate Court of Illinois, Second District, determined that Petitioner—who had been initially found guilty of illegal possession of a switchblade knife—did not fit within the very narrow definition of switchblade under the law. The State appealed the ruling, arguing that the court improperly reweighed evidence heard by the trial court in determining that the knife that the petitioner was found possessing was not a switchblade knife. The Appellate Court rejected the State’s arguments and upheld their own findings that the knife was an automatic knife, not a switchblade knife.
The court found that the petitioner’s knife did not fit the statutory definition of switchblade as one "where the blade opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife." The evidence at the trial showed that Petitioner’s knife was an automatic knife, but not a switchblade, because it opened upon removal from the belt sheath, not by application of pressure to a device in the handle. There was conflicting evidence throughout the trial, but the Appellate Court ultimately found that the trial court’s determination that the knife was an automatic knife at most was not manifestly erroneous. While the trial court "may have mischaracterized the knife as a non-switchblade knife," the State did not prove beyond a reasonable doubt that the knife was a switchblade as defined under the statute.
Unlike the courts in Illinois, the Illinois Department of State Police (ILDPS) recently came down with the opposite interpretation of the definition of a switchblade. On December 7, 2015, the Illinois Firearms Services Advisory Committee (IFSAC) conducted an eight hour training session for ILDPS staff on the enforcement of the Firearm Concealed Carry Act (FCCA). Knife law was included in the discussion during this training session, including the question of whether certain types of knives are lawful to carry while concealed under the FCCA.
One of the most interesting aspects of the training session was the IFSAC’s position on automatic knives. The IFSAC firmly instructed attendees on the difference between the terms "automatic knife," "automatic opening knife" and "switchblade knife." They opined that automatic knives fall within the statutory definition of switchblades as knives that automatically open upon the application of pressure on a button, lever or other device in the handle of the knife and that automatic opening knives did not.
As a result of this change in the ILDPS’s stance, the question of the legality of automatic knives carried concealed pursuant to the FCCA will likely be litigated in the near future now that the state legislature has made it crystal clear that automatic knives trump firearms when it comes to the concealment of knives on one’s person.
Guidelines for Knife Owners
First and foremost, you should not carry a knife concealed on your person or someone else if you do not have a concealed carry permit. When in doubt, treat the knife like you would a handgun. Simply put, if these knives were firearms, you would not carry them concealed on your person without a Illinois Concealed Carry License, and you certainly would not carry them loaded in your car.
Here are some more tips to follow to stay out of trouble:
- (1) Always check with local law enforcement and local policies as ordinances can change without notice.
- (2) Make sure the knife is legal when you enter and exit areas . At a train station or an airport, make sure you are OK with onboard security. Under federal law, knives that are not longer than four inches are legal, while knives over that length are illegal – but check with airport authorities, as federal law is not always followed at airports.
- (3) Know how to properly carry your knife and where it will not be considered "concealed."
- (4) Make sure you are in compliance with the "length requirements" under the law.
- (5) Again, remember that you cannot carry a "switchblade," "dagger" or "throwing star" concealed.