Knife Laws in Illinois Explained
Strictly defined under Illinois law, a "dagger" is a very specific instrument. The Illinois State Legislature defines it as "any knife, including a switchblade knife, daggers, dirks, stiletto knives, and any other dangerous knife-like object other than a razor." A switchblade, by the way, may not be illegal in the Land of Lincoln if the blade is less than 3 inches in length.
Many other types of knives are considered to be "illegal" under Illinois law – if they are carried. In most cases, you may legally own knives-but keep them at home. If you carry them for your personal protection, you may run afoul of state laws unless you have a Concealed Carry License. You may still have a few options, however, if you only use them for certain purposes outside of your home – e.g., as kitchen utensils or while you are camping.
Other types of knives that are prohibited are:
You may not legally transport daggers, dirks, stilettos, swords, and sabers unless they are "securely wrapped or in a sheath to prevent injury to any person." You may also not transport other offensive weapons . Although there are many such weapons that are banned in the state, in this context, the statute that defines "unlawful transportation of weapons" describes several tools used to hurt or kill people. These include: a firearm of any kind, tasers, a stun gun, an automatic knife, a ballistic knife, a dagger, a dirk, a stiletto, a knife "substantially similar in appearance to any of the above," a shotgun with a barrel shorter than 18 inches in length, a rifle with a barrel shorter than 16 inches in length, a sandbag, a metal knuckle, a throwing star, a bow and arrow, a sling shot, and a cane sword.
Because possession of such tools is considered to be unlawful in Illinois, it is currently illegal to sell them. However, there are a few exceptions to the law, which allow you to lawfully deal certain knives. Section 24-3.5 of the Illinois Compiled Statutes allows for the sale of non-switchblade daggers, dirks, stilettos, and other dangerous knives, knives for sale to the United States Armed Forces, and switchblades originating from other states, and to be transported to other states.
Knife Legal Length in Illinois
In Illinois, certain knives are regulated by law based on their longest blade length, measured from the tip of the blade to the interior of the hilt or handle. The following knife length laws apply statewide across the state of Illinois:
– It is illegal to carry a knife with a blade in excess of 3 inches (7.62cm) for any purpose other than self-defense.
– It is illegal to carry a knife with a blade in excess of 2 inches (5.08cm) for any purpose other than self-defense at:
(a) Schools and other property used for school purposes.
(b) Any real estate owned, leased, or controlled by the government, including parks and sidewalks located next to a road or highway.
(c) On a person’s person or in an automobile in a prohibited parking facility.
- In Cook County, it is illegal to carry a knife with a blade in excess of 3 inches for any purpose other than self-defense in any public place, including schools or government property. Public places include all places not owned, leased, or controlled by the person in possession of the blade.
- Certain knives are exempt from restrictions of knife length, when carried for purposes involving employment or, in the judgement of the Peace Offer, the purpose is necessary. Such knives include all foldable knives and all small pocket knives in addition to knives used for the purpose of display.
- It is legal for U.S. military participants and law enforcement officers to carry knives of any length.
- If you are carrying a knife for any purpose other than self-defense, you must carry it in plain sight at all times. Blades of any length that are hidden from sight while being used for other purposes are considered illegal.
Knife Length Restrictions with Concealed Carry Permits
When it comes to carrying knives in a concealed manner, Illinois law is strict. There are no permits that allow individuals to carry knives and other bladed weapons in a concealed manner, regardless of length. Simple folding blades can be carried concealed, however, it is always a good idea to check local ordinances or statutes, as some municipalities prohibit even small folding knives be carried in a concealed manner. Of course, the caveat to this rule is that the knife must not be used, displayed or implied to be carried for any illegal purpose. Concealed knives such as switchblades and automatic knives are always illegal to carry in a concealed manner within the state of Illinois. It is important to note that concealed knives such as daggers, dirks and stilettos and also prohibited at all times, even if they are carried openly.
Potential Outcomes for Breaking Illinois Knife Laws
Violating the knife length laws in Illinois is a petty offense, which carries a maximum punishment of 30 days in jail and/or a fine of up to $1,500. Up until recent years even a first time conviction would result in 6 months in jail but now there are alternative sentencing options including supervision.
If you are charged with carrying a knife in Illinois (other than a Spring Assisted Knife which is illegal in Illinois) you will be charged with a Class B Misdemeanor, even for a spring assisted knife. A class B misdemeanor carries a punishment of up to 6 months in jail and/or a fine of up to $1,500. A conviction will go on your record, and will likely show up on a criminal background check. This could potentially affect your employment and other opportunities in life. As with most crimes in Illinois, the primary reason that most convictions for violating knife laws in Illinois are based on guilty pleas. If you’ve been charged with a criminal or non-criminal violation of knife laws in Illinois, contact my office at (312) 380-0255 for a free consultation.
Knife Length Restrictions and Exceptions
Occupations and purposes for which knives may be longer than permitted lengths: Knives that are greater than the prohibited length of three inches or four inches under the knife laws in Illinois are illegal or termed "forbidden blades" unless they are permitted by law. There are two different categories of exceptions that the knife law in Illinois provides for, and they are: occupations and purposes. The aim of Illinois knife laws here is to distinguish between professional use and personal use. One of the requirements for the "occupational exception" is that the person using the knife should be over the age of 21. The knives that come in the category of occupational exception are as follows: On the other hand, knives that come under the "purpose exception" category are those that have the express aim of other purposes except for self-defense such as defence against livestock predation. Under this category, knives are allowed though they exceed the permitted limit of length of three inches or four inches, provided that the person using the knife is properly interpreting the laws and using the knife according to its intended purpose. Prominent lawyers dealing with possession of weapons cases in Illinois have called the exceptions category of the law a "self defence" law because these exceptions show that the law clearly favours use of knives for defence of livestock predation. In other words , the law, as stated in Section 24 – 1 of the Criminal Code of 1961 considers use of knives for defence of livestock predation as rightful self-defense but not otherwise. Some professions that are supported by Illinois for possession of long knives are for example, occupational exception provides for uses in professional areas like military, medical, and culinary fields. Whereas, an example of the purpose exception is a knife that is purposely made for skinning animals. The above-mentioned exceptions to knife laws in Illinois will not be applicable to a person if an active criminal background check is found in the criminal record of that person such as a conviction for aggravated battery with a deadly weapon, armed violence, and other conviction types. Moreover, the law will not be applied if a person is found to carry a folding knife not properly concealed or found committing other unlawful activities. Apart from these exceptions, people who are legally carrying knives under the new law in Illinois must also check with the local ordinances. Some local ordinances do apply restrictions on the length of the blade or otherwise on folding knives. The bottom line is that the knife laws in Illinois do not provide for carte blanche to legal carry of long knives. Hence it is imperative to know the law thoroughly before taking a step ahead and exercise utmost caution in how the knife is used and carried around.
Knives Compared to Other States’ Laws
In Illinois, as in many states, knife laws can vary significantly from one state to another. When compared to Knife laws in neighboring states, Illinois comes as somewhat of a surprise. Consider, for example, that Wisconsin has no restrictions whatsoever on knife length and it does not prohibit carry of switchblades, automatic knives or daggers. Iowa imposes no restrictions on the type or size of knives that may be carried. Indiana allows the carry of switchblades without restriction but prohibits daggers and dirks. In contrast, Missouri prohibits knives "longer than five inches" and includes certain knife types in its definition of deadly weapon. Illinois, again, is somewhat of an anomaly by permitting kitchen knives to be openly carried but prohibiting many common folding knives.
Illinois Knife Owner Tips
As any practical knife owner knows, the key to complying with the law is knowing a little bit about how the laws actually work. Here are some tips:
- Know and understand the knife laws. If you want to carry a knife on you and not worry about the law, you need to know what the laws are so that you can determine what you are legally permitted to carry. Read our previous blog posts for tips and tricks on understanding Illinois knife laws.
- Purchase knives from a reputable source. Some sellers are out there to rip people off, and will sell customers switchblades, automatic knives and other weapons illegally disguised as knives. Buying from a local store is your best bet, or reputable online sellers that you’ve looked into and know you can trust. You can always ask a seller before making a purchase whether the knife you are about to buy is illegal to carry in Illinois.
- Use knives in reasonable ways. As with any tool , the more responsible and discrete you are with the tool, the less of an issue it will be that you even own it or use it. Put away knives when not using them, and use them only for their intended purposes. Be considerate of others, and do not use knives in public places if you can avoid it.
- Do not openly carry knives in public. Carrying a knife openly in public is only an issue if the knife’s blade is greater than three inches in length, so if you’re carrying a knife that is illegal to carry in public, open carry is going to be even more of a problem. So, open carry any knives that you want to only if their blades are less than three inches in length, which is the law in Illinois. If you want to carry a knife with a longer blade, carry it concealed.