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Carrying ASP/Batons?


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#1 Air Commando

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Posted 04 May 2007 - 11:35 AM

I know I've seen this topic on here before but don't know where it was. Is it legal in Il to carry an ASP or baton? I have one that I keep hidden in the jeep but I didn't know what the law was for actually carrying one on your person.

#2 mack69

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Posted 04 May 2007 - 01:24 PM

Accroding to Illinois Unlawful Use of Weapon law:

(720 ILCS 5/) Criminal Code of 1961.
(720 ILCS 5/Art. 24 heading)
ARTICLE 24. DEADLY WEAPONS
(720 ILCS 5/24‑1) (from Ch. 38, par. 24‑1)
(Text of Section from P.A. 94‑72)
Sec. 24‑1. Unlawful Use of Weapons.
(a) A person commits the offense of unlawful use of weapons when he knowingly:
(1) Sells, manufactures, purchases, possesses or carries any bludgeon, black‑jack, slung‑shot, sand‑club, sand‑bag, metal knuckles, throwing star, or 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; or

(2) Carries or possesses with intent to use the same
unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser or any other dangerous or deadly weapon or instrument of like character;
"The defense of our liberties is first at the ballot box, then the soap box, then the jury box and finally, failing all else, the cartridge box"
"That rifle on the wall of the laborer's cottage or working class flat is the symbol of democracy. It is our job to see that it stays there."

-- George Orwell


#3 Federal Farmer

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Posted 04 May 2007 - 01:53 PM

Accroding to Illinois Unlawful Use of Weapon law:

(720 ILCS 5/) Criminal Code of 1961.
(720 ILCS 5/Art. 24 heading)
ARTICLE 24. DEADLY WEAPONS
(720 ILCS 5/24‑1) (from Ch. 38, par. 24‑1)
(Text of Section from P.A. 94‑72)
Sec. 24‑1. Unlawful Use of Weapons.
(a) A person commits the offense of unlawful use of weapons when he knowingly:
(1) Sells, manufactures, purchases, possesses or carries any bludgeon, black‑jack, slung‑shot, sand‑club, sand‑bag, metal knuckles, throwing star, or 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; or

(2) Carries or possesses with intent to use the same
unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser or any other dangerous or deadly weapon or instrument of like character;


Yep, Illinois should no longer be called "Land of Lincoln" but instead "Land of the Defenseless."

People sleep peaceably in their beds at night only because rough men [and women] stand ready to do violence on their behalf.

--George Orwell

-- Certified something-or-other by various organizations and governmental entities.

#4 lockman

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Posted 04 May 2007 - 04:58 PM

Yep, Illinois should no longer be called "Land of Lincoln" but instead "Land of the Defenseless."
[/quote]


So to answer your question: NO, it is not a violation of the statute unless you have "intent to use the same unlawfully against another". But some police in Illinois know who is naughty and nice just by looking at you. You also have to be careful some items may be classified under other subsections in addition to (1) & (2). You also have conflict between the two because it can be classified as a bludgeon under section (1) or a billy under section (2).
"We must, indeed, all hang together, or most assuredly we shall all hang separately."
-- Benjamin Franklin, 1776

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#5 BadHugo

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Posted 05 May 2007 - 08:21 AM

Once upon a time, many years ago I wrote to the Governor and asked for a definition of "Dangerous Knife". I got a snotty three-page letter from a lawyer suggesting I learn to read saying that "Intent" was the important word in the law, not the definition of "Dangerous Knife". Of course, he did not define what constituted "Intent". Obviously, things have not changed, at least not for the better.

#6 Blackhawkpaul

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Posted 12 May 2007 - 05:52 AM

Illiois law leaves your intent as an esoteric thing to be determined magically later in court. A cop findingthe collapsible baton is going to charge youand take the "trophy" in as evidence. A scowling judge will uphold that they infer and imply that you possessed it with the obvious intent to use it at some point even in self-defense. Good bye, baton. Good bye to several thousand dollars. good bye, FOID card.