Understanding Illinois Knife Carrying Laws: What You Need to Know

Illinois Knife Overview

The legal framework for knife carrying in Illinois is a nuanced network of statutory provisions and relevant case law. Under 720 ILCS 5/24-1 (commonly referred to as the Aggravated Unlawful Use of a Weapon statute), knives are considered "weapons" for the purposes of the law, alongside other items like firearms. This statute makes it clear that carrying any type of knife with a blade more than 3 inches in length is a Class A misdemeanor, unless certain exceptions apply.
However, this ban on large knives does not apply to every individual. For instance, possession or carry in one’s own home or on one’s own land is explicitly exempted from the prohibition against carrying large knives. In addition to individuals who carry a weapon for self-defense and those who possess a weapon in their own home or land, individuals who are "engaged in the course of or attempting to carry on or to complete any activity commonly known as hunting, trapping, target shooting, recreation shooting, sport shooting or fishing" are exempted from any prohibitions (720 IL CS 5/24-2).
Swords, sabers, shuriken, throwing stars, daggers and several other exotic blade weapons are classified as "dirks, dirk knives, stabbers, stilletto knives, tridents, sword canes or flick knives" under 720 ILCS 5/24-1 and have the same prohibitions as other long knives. Nevertheless, knives that are dishwasher-safe, whether used by chefs or simply kept around the home, are not considered weapons. Knives designed with a blade length between 2 and 3 inches , or "switchblade" knives under 720 ILCS 5/24-2.1, are legal to carry as long as the act of opening the knife requires the application of thumb pressure to the blade, which will stave off potential "floodgates of frivolous litigation" concerning cases where knives are prohibited unless specifically exempted or licensed (Ill. Com. 94-4866). If knives are not handled or carried "for illegal purposes," knives that lack a manufacturer’s name or markings and those knives that are embellished or ornate are functional, even if they might be classified as "daggers."
Knives differ from other weapons under Illinois law. 720 Ill. Comp. Stat. 5/24-1 b(2) defines weapons as "any dagger, dirk, razor or stiletto knife, bowie knife, or other dangerous weapon specifically designed or customarily carried to conceal itself." Meanwhile, knives are prohibited but only for certain uses; other uses or purposes for their possession are permitted. Specifically, 720 ILCS 5/24-2 states that long-blade knives are not banned "when they are carried, possess for the purpose of recreation, or for the purpose of display at a three day publicly organized and attended event as part of a historical reenactment."
Finally, it is important to note that individuals under 18 years of age are never allowed to carry knives, while knives with a serrated blade or with a blade length shorter than 3 inches are explicitly exempt from any restrictions or prohibitions (720 ILCS 5/24-12 e-f).

Knives Allowed by Law

The categories of knives that are legal to carry under Illinois law include: ordinary pocket knives, locking folding knives, automatic (switchblade) knives, spring-loaded gravity knives, bowie knives, dirk knives, stilettos, any other fixed blade knife – with a blade length restriction, and certain other knives. The term "ordinary pocket knife" has been enforced to encompass an approximately 3.5 inch folding knife with a thumbhole. Therefore, knives with blade lengths of 3.5 inches or less (the total length of the knife is measured with the blade fully extended and the knife in a locked position) are typically considered "ordinary" for the purposes of Illinois law. The total length of a folding knife is measured with the blade fully extended and in a locked position. This seems to be the most logical interpretation of the statute.
However, the full scope of what constitutes an "ordinary pocket knife" is unclear and, therefore, can only be determined on a case-by-case basis. For example, knives that are attached to key-chains will likely be considered pocket knives with the same restrictions as folding knives.
Though it would seem that a knife should be legal in order to be considered a "knife-like instrument," case law has casted doubts about whether certain bladed instruments might be legal. See, e.g. People v. Pankey, 54 Ill.App.3d 446, 447 (1976) (holding that a hunting knife is not a "sword"); People v. Larue, 280 Ill.App.3d 513, 514 (1996) (holding that a sword cane is a "stiletto").

Concealed Carry of Knives

As with all weapons, a knife must be concealed if it is carried on or about your person. A knife is considered to be carried upon or about your person when it is within reach while you are in your vehicle. Essentially, any item that is within arms reach of your person may be construed to be carried upon or about your person; as such, it may be subject to the same laws concerning knives and other weapons. A knife or other weapon can be "concealed" if it is carried in a way that is not easily visible to the casual observer. Carrying a knife in a sheath is often not sufficient to render it concealed. This is particularly true for larger knives, which can be difficult to conceal. This is why it is recommended that such knives are hidden beneath a coat, or inside a pocket. There is a provision under the Illinois Compiled Statutes that allows for concealed carry of knives. To qualify for this exception, the knife must not be classified as either a dagger, dirk, stiletto, sword cane, or cane sword or as anything other than a penknife. (In fact, such knives are not actually knives under the statute). Generally, a knife will fall under the penknife exception if it is used primarily for work such as cutting rope, opening boxes, and other tasks. As such, something like a paring knife, utility knife, or pocket knife would be a penknife, and so this type of concealable knife can be carried on one’s person for concealed carry in Illinois. Keep in mind that you may not be able to legally carry a knife in all public places. For example, one cannot carry weapons at schools, parks, on public transportation (like the CTA), or at public gatherings like fireworks displays, parades, or other large gatherings. Penknives may also encourage greater law enforcement scrutiny, and can lead down less desirable pathways and legal complications. While a penknife is covered by the concealed carry exception of the law, some police officers may not know that. Because a penknife exception points to the primary use of the knife, many police officers may not be inclined to accept a penknife as a primary use. As such, it is important to keep in mind the possibility of future legal complications or obstacles, especially due to the lack of knowledge of some officers. Even if the penknife is not the primary use, and is not covered under the exception, a police officer may not charge you, but will inform you not to carry the weapon again. So, the primary guidance here is that general rules require knives be concealed when being carried upon or about the person. Consequently, generally, a permit or license to carry a knife concealed upon your person is not required.

Where You Can’t Go with Knives

While you are legally permitted to carry a knife with a blade less than 3 inches in Illinois, there are several locations in which you are prohibited from bringing it regardless of the size. For example, you cannot bring a knife on any public transportation, or onto any public property or building such as a courthouse, daycare center, school or government facility. You also may not bring a knife onto school grounds, unless you are a law enforcement officer, are a food service sanitation manager or are authorized by a school to carry a knife. Classrooms, auditoriums, gyms, locker rooms, school grounds, and several kinds of Common areas including parking lots, picnic spaces, parks and playgrounds are off limits for knives on school property. This law applies to students, teachers, parents, invited guests, faculty, staff, and basically any person who might come onto school grounds.

Penalties for Illegal Knives

Fines, Penalties and Prison Time
As noted above, the criminal offenses that cause Illinois knife laws are pretty minor. However, the penalties are not necessarily minuscule.
The criminal penalties for violating Illinois knife laws are:

Any knife described in the "General Overview" section of this article is a Class A misdemeanor, which is punishable by up to one year in jail.
Any knife described in the "General Overview" section of this article except stilettos and switchblades is called a "ballistic knife" by Illinois law. The punishment for a ballistic knife is the same as for an ordinary knife unless you use a ballistic knife to stab, puncture or cut a person. If you commit that act using a ballistic knife, you face Class 1 felony charges . A Class 1 felony punishable by 4-15 years in prison.
Any knife described in the "General Overview" section of this article if it is made of any type of a metal and opens automatically by sliding on a rail (i.e. a switchblade). The punishment for any switchblade knife is the same as for an ordinary knife except it carries a mandatory minimum 1-year sentence.
Any knife called a "bladed hand instrument" by Illinois law, such as "bangkok blade," "cartel knife" or "balisong." The punishment for any bladed hand instrument is the same as for an ordinary knife except it carries a mandatory minimum 1-year sentence.
Any knife (or "dagger") called a "dirk" by Illinois law, which has the same definition and punishment as a dagger (see point no. 2 above).

Legal Trends and Knife Bills

In recent years, the national landscape surrounding knife laws has been evolving rapidly and the state of Illinois is no exception. One of the most significant changes in Illinois knife laws came about with the passage of an amendment to 720 ILCS 5/24-1, or more commonly referred to as the Illinois Firearm Concealed Carry Act, in 2017. With the passage of Public Act 100-0306, finally allowing those who meet the qualifications under the Act to carry swords openly and essentially nullifying the blanket prohibition on switchblades that had existed in Illinois since World War II.
Other legislation that has recently affected knife owners in Illinois’ include:
Senate Bill 2598: Introduced January 31, 2018, or the Knife Owners’ Protection Act, would amend Section 24.5 of the Illinois Criminal Code (720 ILCS 5/24.5) to exempt all Dirks, daggers, and stiletto knives from states’ illegal switchblade prohibition. Among other things, the Knife Owners’ Protection Act would have also amended the definition of switchblade to encompass a knife that is automatic, "but not include a knife that requires the application of pressure to the blade to release it from the handle."
Sadly, this bill expired without action on February 16, 2018.
HB 0345: Introduced on January 30, 2017, 100th General Assembly: Enacts the Knife Owners’ Right to Carry Act. Provides that a person may carry knives openly and establishes penalties for violations. Provides that a person must provide identifying information within 7 days of being requested, and failure to provide identifying information within 7 days is a Class B misdemeanor. Provides that a person possessing a knife is presumed to be doing so for lawful purposes. Provides that a law enforcement officer issuing a citation for a violation of the Act must defer issuance of the citation for 10 days to give the person cited an opportunity to show that he or she is licensed to carry a knife as required under the Act. Provides that a person who submits said documentation to the officer on or before the 10th day is not guilty of the offense. Provides that a person issued a citation for a violation of the Act may prove that he or she had a knife and a valid license to carry a knife at any time before a final disposition of the charge.
As of the date of this post, the bill is currently in the Rules Committee with no scheduled action.

Using Knives in Self-Defense

If you use any type of deadly force to protect yourself, you need to prove to the judge or jury that you had a reasonable belief of imminent harm or death if you did not act. You need to show that you did not start the physical confrontation and you need to be able to show that people had time to get out of the way or avoid the confrontation if they so chose. When using a knife for self-defense per Illinois law , you have to have the same beliefs. You believe that someone is going to do you great harm or kill you and that getting away is not an option.