An Overview of Illinois Knife Laws

When it comes to knife carry, Illinois is one of the simplest states we’ve encountered. Unlike most other states, even those with relatively strict knife rules, there isn’t a vast array of variables influencing knife carry legality and regulation. Knife carry is generally legal in Illinois, but those freedoms are tempered by state limitations on concealed carry of certain kinds of knives.
Illinois law classifies knives into two categories: automatic knives and non-automatic knives. Automatic knives are defined in the Illinois Compiled Statutes Section 5/24-1(a)(4). Automatic knives include any "knife, switchblade, dagger, dirk, stiletto, or trident knife, or any other dangerous instrument capable of ready use primarily as a stabbing weapon, but not including any knife known as a ‘fighting knife’ which is an open-blade type knife designed for the purpose of spear throwing." It is illegal to carry an automatic knife in Illinois. Carrying an automatic knife is also a violation of the Illinois Uniform Controlled Substance Act, Section 414, 720 ILCS 570/414 (more on that below). The above definition of automatic knife is amended to include any pocket knife that is not "a blade with a fixed, foldable, non-locking blade ejection mechanism or a non-mechanical, foldable blade" – in short , gravity knives and butterfly knives are illegal to carry.
Non-automatic knives may be any knife that does not fit the above definition of automatic knife and can legally be carried in Illinois. These knives may still fall under the general concealed carry restrictions that otherwise apply to knives in Illinois. Generally speaking, non-automatic knives can be carried openly, concealed, or in a vehicle legally in Illinois – but only if there are no other restrictions in effect on carry such as concealed carry permits, other permits, exclusions based on age or criminal background, etc. Like many other states, Illinois prohibits any concealment of a knife unless that knife is carry in a legal manner and has no other legal restrictions in place on carry.
Illinois law treats knives differently than firearms when it comes to concealed carry. While "concealed carry permits" are required for the concealed carry of firearms, no permits are required for the concealed carry of knives in the state of Illinois. No "Knife License" or other special knife licenses are required, however, if a person has been granted a Chicago Firearm Permit, a FOID (Firearm Owner Identification card) and has a Chicago Class 4 weapon tax stamp, then a Chicago City-issued Knife License is required to carry knives in the City of Chicago, IL.
However, regardless of whether permits are required for knife carry, general limitations apply to what knives can and cannot be carried in Illinois – and where those knives can be carried. We cover those general carry restrictions below.

Categories of Knives and their Legal Designations

There are four types of knives that carry varying degrees of legality in Illinois: folding knives, switchblades, daggers and stilettos, and dirks. None of the knife statutes specify what is meant by a knife, but generally a knife has a blade that can cut or stab another person, so it will be limited in its use to self-defense (or offense) and hunting, at best. Lethal weapons are illegal to carry concealed, fully automatic weapons are not permitted, and knives that are used only for purposes of self-protection may find themselves trapped in uncharted legal waters until a new case law or statute is created to protect your interests.
Folding knives are not defined specifically by law in Illinois, but according to law they are considered legal to possess and carry for defense, because they are not explicitly excluded under the aggravated carrying laws (720 ILCS 5/24-1 (c)). However, the possession of them in public areas like schools is not permitted. Daggers and stilettos, however, are categorized as Molotov cocktails are, meaning the possession, having, selling, or carrying are illegal (720 ILCS 5/24-1 (e)). Most dagger and stiletto knives are illegal to carry concealed. Dirks, like daggers and stilettos, are illegal to sell or carry as well (720 ILCS 5/24-1 (e)). A dirk is defined in the statute as being a fixed (i.e. non-foldable) knife having at least a six inch blade as well as a dual-edge or double-edged blade.
Specifically, switchblade knives are "any knife, the blade of which is released by a spring-loaded mechanism or other mechanical device, commonly known as a switchblade knife, a dagger, stiletto, or cane-sword with a blade of three inches or more in length" (720 ILCS 5/24-1 (c)). The key legal classifications here are: the blade must be three inches or longer; the knife must be either a dagger, stiletto, or cane-sword; the knife must be spring-loaded or have another mechanical device to release the blade.
There are even more knife-related crimes under the criminal code, including aggravated assault with a deadly weapon (720 ILCS 5/12-2(a)(7)(i)), unlawful use of weapons (720 ILCS 5/24-1), the sale of switchblade knives (720 ILCS 5/24-1.6), unlawful use of weapons on school grounds (720 ILCS 5/24-1.5), and the unlawful possession of weapons by felons (720 ILCS 5/24-1.1). The penalties for many of these crimes come with a fine not to exceed $25,000, and some are felonies punishable with a prison term.

Open Carry or Concealed Carry of Knives

Concealed or Open Carry: What’s the Difference? On the surface, it may seem there isn’t much difference between carrying a knife openly and concealing it on your person. Knife-carrying terms can be a bit confusing, though. Some folks may confuse a knife under, on, or through a belt, shirt, or pants for a knife in a pocket. Technically, there is a difference in Illinois law. Concealing a knife means having it in a pocket or hidden from public view. In Illinois, "carry" means to "possess and have ready at hand." The state law basically prohibits concealed-carry of knives, except those which are specifically permitted as part of a national plan or source. Some examples of prohibited knives include pocketknives, switchblades, draft knives, daggers, dirks, stiletto knives,, or other dangerous weapons, knives or dangerous blades. A "dagger" is defined in Illinois statute as "any knife or other instrument with a long pointed blade, except a sharpening steel. How this specific definition plays into the law is unclear. As mentioned, concealed-carry of knives is generally prohibited in Illinois. Because Illinois knife-carrying law is so stringent, some knife-carriers prefer to carry knives openly in public. However, knives even openly carried can be misused. And certain kinds of knives, such as switchblades, are totally prohibited (prohibited weapons), and as such cannot be carried openly. If you carry a knife openly, either a regular knife or a prohibited knife, do not use it in any way which could indicate intent to cause harm. This could lead to criminal charges, even if used for self-defense purposes.

Carrying Knives on Public Grounds

In general, knives are prohibited in schools, governmental buildings, public parks, and other government-owned property. This is true even if the knives are carried purposefully and openly. For example, concealed and open carry are both prohibited from schools. Certain exceptions exist for fixed-blade knives used for religious and ceremonial activity. Under the Park District Code, you may not possess firearms or other dangerous weapons "in any building, park, site or property under the jurisdiction of the District." Laws regarding state-run parks differ from those in the Park District Code. For example, the state of Illinois prohibits the "carry [of] a knife, straight-blade or other than properly sheathed, any like instrument which is able to inflict cutting, stabbing, or piercing pain or injury" in state parks. As with the Park District Code, certain exceptions apply (i.e., law enforcement, ceremonial activities). Governmental buildings include county courthouses and city hall. As with schools and parks, you are prohibited from possessing knives in such buildings. In the event you do not abide by this prohibition and you are caught, you should be aware that a conviction for possessing of knives in governmental buildings is a Class A misdemeanor. Class B misdemeanors may result from convictions for possessing weapons in prohibited areas. While Class B misdemeanors are less serious than Class A misdemeanors, any misdemeanor could change your life markedly for the worse.

Penalties and Legal Ramifications for Carrying Knives

In Illinois, you may incur serious legal penalties for violations of knife carry laws. Knowing the fines, imprisonment terms, and other legal consequences is imperative to ensure you understand the full implications of the laws. Fines range from $100 to $2,000 for knife carry violations. Courts potentially have the option of ordering community service, but in most instances of knife-bans (especially on schools or public gatherings), these fines come along with hefty fines and extended prison sentences. Knife possession violations also come with criminal charges, which are classified as Class A misdemeanors, punishable by up to one year in prison and fines up to $2,500. Criminal charges are issued mostly on ordinances similar to ordinances in specific municipalities.
It’s important to note that municipalities will often enact their knife laws. You should assume that if the law exists, it can bring restrictions and potential penalties. The safe, effective tactic is to always assume knife carry laws exist. Assuming there is no knife carry law may result in a fine, arrest, and even serious prison time. If the local municipality or county has no such laws, only then is it safe to carry a knife.
Gun bans are often more complicated in terms of grandfathered gun ownership. For instance, throughout several lawsuits inside the United States Supreme Court, it was agreed that individuals must be allowed to keep weapons that are acquired properly and legally. If the gun is illegal, however, there is no grandfather clause that will prohibit the government from destroying the gun without compensating its owner.
Founding Fathers didn’t have any guns at the time the Second Amendment was enacted . Thus, the Supreme Court can interpret weapons broadly, which means knives, swords, and other weapons can be restricted in the same way as firearms without any grandfather clauses or other special permissions. Thus, there is a very real chance that you won’t be compensated for knife confiscation, even if the law is later found to be unconstitutional.
Even if the law isn’t unconstitutional, that doesn’t mean you can escape enforcement if you violate the law. The laws are not written to be fair. Instead, these laws establish penalties and fines which court systems are often incentivized to enforce. You might never see a judge take the time to pick through the fine nuances of a financial penalty or legal obligation, even if you pay it and the system is slightly flawed. The law doesn’t care. The court system in Illinois, just like all states, operates within the law. If the law says a knife ban is permissible, it is likely to rule in favor of the ban.
All laws stem apparently from authority and are revealed to have limitations. In the case of Illinois knife carry laws, the few specific limitations extend to the context of public carry, which means there is no risk in your private home or other areas where you have a "reasonable expectation of privacy." The law is vague on private carry, but most individuals can rely on their reasonable assumption of privacy in such contexts.
A knife as a private possession falls outside the restrictions, but even the slightest action to move the knife into the possession of others – such as selling the knife, passing it on, or leaving the knife where others can easily access it (such as in a public place) – may lead to serious legal restrictions and penalties.

Self-Defense Permitting Knives as Weapons

The use of knives for self-defense is legally permitted by law on two conditions:

1. Where physical force is proper, the force may-use knives
2. The knife-use is for Self-Defense or Defense of Others

Knives Are a "Use of Physical Force" by Law
Knives are a use of physical force by law as explained by Illinois law in 720 ILCS 5/7-1:
"…the use of force against another … is not unlawful when and to the extent that the use of such force is justified (emphasis added)"
"Use of physical force" includes:
These definitions are broad and could arguably include any use of physical force, including the use of knives.
The use of a knife itself is generally not protected or justified by Illinois law – it is the use of force or deadly force in an altercation that is justified. As we summarized above however, the use of the knife will be justified where:
Self-Defense is Justified Where You Reasonably Believe You Are in Immediate Danger of Being Attacked
A person is justified in the use of force against another when and to the extent that he or she reasonably believes that he or she is about to be struck, stung, cut, or otherwise punctured by the assailant, provided he or she believes that such force is necessary to avoid the threatened harm.
You Do NOT Have a Duty to Retreat
Again, under Illinois law, a person has no duty to retreat from this or any other (non-home or vehicle) location before using physical force against another person, unless they can do so safely.

Recent Updates and Proposed Amendments

Illinois knife carry laws have remained fairly consistent in recent years. But 2017 saw a few notable developments worth mentioning. A few that gained momentum include:
The Fabio V. Illinois Knife Law Act, House Bill 4466.
House Bill 4466 would have allowed Illinois residents to carry most knives, switchblades (excluding automatic knives), swords, machetes, blow guns and "any other dangerous or deadly weapon by any means or methods of concealment." Unfortunately, Governor Bruce Rauner vetoed it on August 18, 2018.
The Knife Owners’ Protection Act, Senate Bill 3142.
Senate Bill 3142 would have repealed certain knife carry restrictions, replacing them with a self-defense exemption that allows carry outright as well as a castle doctrine, which would authorize those who possess and use a knife within a dwelling to stand their ground in an altercation and use the necessary force to defend themselves.
The act would have also repealed a number of previous Illinois laws, including the law that makes it illegal to own brass knuckles or metal knuckles. On August 23, 2018, Governor Rauner vetoed the Knife Owners’ Protection Act as well.
While both bills were introduced in 2017 and consequently would have made any new restrictions against knife ownership illegal, political opposition – particularly from some police unions – blocked them.
House Bill 2354 and Senate Bill 3167.
These bills would have repealed existing restrictions on the ownership of automatic knives, no more commonly known as "switchblades." The bills did not gain sufficient traction in the legislature.
Illinois Knife Rights Advocacy
Knife rights advocates are still working diligently to reform Illinois knife carry laws so that owners can carry knives legally, where they live or work, without fear of prosecution. The most recent attempt by knife rights advocates to reduce the liability of Illinois knife owners came as a joint effort from the Chicago Area Chapter of the American Knife and Tool Institute as well as Knife Rights.

Recommendations for Knife Owners

To ensure compliance with the law, knife owners should take certain precautions. First and foremost, avoid knives classified as switchblades, automatic, or mechanical. Not only are these knives illegal to possess, but they are also likely to invite unwarranted police questioning. Although an officer can ask you about whether a knife is a switchblade or automatic, he or she cannot prohibit its carry based solely on that characterization. So at most, an officer can question the blade’s nature without infringing upon your rights.
The best carrying method is a sheathed knife affixed to a belt loop or belt. It is also advisable to use a plastic scabbard or chew up a cork sheath , reducing the amount and type of reflection visible. Non-reflective metal is also preferable.
Another recommendation is to leave the knife behind when entering places known for increased law enforcement presence (courthouses, etc.), where the metal detector is likely to go off as the knife passes through. In addition, given the possibility for acute confusion, knife owners should avoid carrying knives in a purse, bag, or backpack. When traveling, a knife should be stored within a hard- or soft-sided container out of the immediate reach of any occupant.