Q: I carry a buck knife blade length 6 inches. I conceal it. Is this legal? As long as not on state property?
A:
I suppose the answer to this question depends on why you're possessing the knife. Possession of such a knife could lead to your arrest.
Illinois law forbids the possession of knives in its unlawful use of weapons statute in two subsections:
The first is that is illegal is "any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas." This is out of 720 ILCS 5/24-1 (a)(1). This does not sound like it's applicable, but I haven't seen your knife.
The second that's illegal is in subsection (a) (2). That subsection makes illegal the carrying or possession of a dangerous knife "with the intent to use the same unlawfully against another."
So, if the police find the knife on you, even if there's no direct evidence that you possessed that knife with the intent to use it unlawfully against another, you could find yourself arrested then having to hire a lawyer to defend you in court.
Or, to put in another way, you could find a cop telling you to "tell it to the judge." In that case, you'll need a lawyer to figure out the best way to tell it to the judge.
I hope this helps.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
