Automatic Knives for FOID Holders Becomes Law!

[Tod]

Did my own research on how long the governor has to sign/veto a bill. Apparently congress has 30 days to submit the bill to the governor, who then has 60 days to sign or veto the bill. If the governor fails to act within the 60 days, the bill automatically becomes law.

 

Interestingly enough, apparently this time frame is much longer than most other states (another reason for all of us to love Illinois). The governors of Iowa, Minnesota and North Dakota have only three days to veto a measure once they’ve received it, and in most other state constitutions, the time frame for gubernatorial action is between five and 10 days.

[OldMarineVet]

 

Silly question, but are there blade length restrictions in the state? I keep hearing that Chicago does, but I've never seen the actual law, so I'm not sure if it's reality or just word-of-mouth.

Long story short, 3" in the general rule I believe but yes each municipality can have their own restrictions. Chicago is 2.5" I believe.

 

Then there's the whole intent thing and each cop is different so.....

 

SB0607 only says the knife is "automatic/switchblade" but nothing else like blade lengths. So, yes, I think the automatic knife would just fall through to the current knife laws which are that "whole intent thing." If so, then knives with blades longer than 3" (2.5" in Chicago??) are considered dangerous knives which can't be carried with the intent to use unlawfully against another (see laws below)

 

I'm normally armed with firearm which makes my long time EDC "dangerous" knife (blade more than 3 inches) more of a tool than even self defense. I think this speaks to intent. Take this with a grain of salt since I've never been challenged. I agree with your concern regarding "the whole intent thing." I'm not sure how any of this applies to Chicago or any other Illinois entity that has their own knife laws.

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"(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;"

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K24-1

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"of Section 24-1 of this Code, knife with a blade of at least 3 inches in length,"

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K33A-1

Edited May 19, 2017 at 02:30 PM by OldMarineVet

[tkroenlein]

Being that this is the end of the session and there is no serious opposition to the bill (like there was with the CC law,) I expect this will get passed to the governor and signed right quick. Read: I have a shopping cart ready to go.

 

 

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Edited May 19, 2017 at 02:28 PM by tkroenlein

[InterestedBystander]

Being that this is the end of the session and there is no serious opposition to the bill (like there was with the CC law,) I expect this will get passed to the governor and signed right quick. Read: I have a shopping cart ready to go.

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What do you mean...Rep Willis was seriously opposed to those 5 inch blade devices that needed a FOID card! LOL

 

I expect it to get signed too. Was disappointed the knife guy wasnt at the last Kane County show. While I doubt LE is going to be looking I figure I should check my local code to make sure there are no auto knife bans lurking in them.

[cls74]

Being that this is the end of the session and there is no serious opposition to the bill (like there was with the CC law,) I expect this will get passed to the governor and signed right quick. Read: I have a shopping cart ready to go.

Sent from my iPhone using Tapatalk

That's my thought as well, this was not a court ordered bill. Should be sent with any other bills that go out. I was a bit surprised that they did not wait until the final day to pass it. Even more surprising was the lack of age requirement, although I guess store/company policy may dictate that?

[C0untZer0]

Doesn't anyone have a link to the Willis comments?

[InterestedBystander]

Doesn't anyone have a link to the Willis comments?

AFAIK, they dont publish committee transcripts and the ILGA doesnt host archives of their video/audio so unless someone grabbed it while live, Im not sure where it would be....oh, wait, that was in full House and not committee...there might be transcripts, if not now then eventually. Blueroomstream video may be archived but they have instituted passwords.

 

Latest House transcripts are for 5/3. None show at all for April. Not sure how that transcript process is supposed to work. And the Senate has no transcripts at all for the 100th General Assembly...grrr!

Edited May 20, 2017 at 01:45 AM by InterestedBystander

[Tango7]

"of Section 24-1 of this Code, knife with a blade of at least 3 inches in length,"

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K33A-1

We asked about this in the academy. 720 ILCS 5/33A-1 only applies while in the process of committing a felony as an aggravating charge - at least that's what the ADA who instructed us said.

[C0untZer0]

I listened to the floor debate, they should call that guy Misrepresentative Stewart.

[InterestedBystander]

I listened to the floor debate, they should call that guy Misrepresentative Stewart.

But they stayed consistent with as it was presented on the Senate floor debate too iirc

[OldMarineVet]

 

"of Section 24-1 of this Code, knife with a blade of at least 3 inches in length,"

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K33A-1

We asked about this in the academy. 720 ILCS 5/33A-1 only applies while in the process of committing a felony as an aggravating charge - at least that's what the ADA who instructed us said.

 

Makes sense. That would be a good example of "intent to use the same unlawfully against another." Thanks

[InterestedBystander]

Switchblades May Become Legal In Illinois

 

CBS http://chicago.cbslocal.com/2017/05/18/switchblades-may-become-legal-in-illinois/

 

It’s up to Gov. Bruce Rauner now: whether to sign a bill that would legalize and regulate switchblades in Illinois.

 

State Rep. Brian Stewart, R-Freeport, says these are not like the Sharks and the Jets used in West Side Story. He says they’re important tools.

 

“These are spring-assisted devices,” Stewart says.

 

He differentiates them from the nefarious switchblade. The lawmaker argues law enforcement and the military can benefit from their use. An example, he says, would be an EMT cutting a seat belt off a crash victim stuck in a car.

 

“I think we have enough weapons out in the world right now,” countered state Rep. Kathleen Willis, D-Addison.

 

Stewart says even a butter knife can be used as a weapon.

 

The bill passed the Senate unanimously but made it out of the House with only one vote to spare.

 

Senate Bill 607 awaits the governor’s action.

[Prairie Pucker]

I listened to the floor debate, they should call that guy Misrepresentative Stewart.

 

What's your beef with Stewart? He's my rep and solidly pro-gun. And a pro-gun vote on the House Judiciary committee. He was also the House sponsor of SB607.

[mauserme]

 

I listened to the floor debate, they should call that guy Misrepresentative Stewart.

What's your beef with Stewart? He's my rep and solidly pro-gun. And a pro-gun vote on the House Judiciary committee. He was also the House sponsor of SB607.

 

I think his meaning isn't necessarily what you think. It maybe better explained in a PM for now.

[lilguy]

So, if you have a FOID/CCL you will be able to carry a switchblade of any length that's able to be concealed?

[TRJ]

So, if you have a FOID/CCL you will be able to carry a switchblade of any length that's able to be concealed?

As of now, that just a FOID. The FCCL isn't stated as necessary or acceptable for the carry of an automatic knife.

[InterestedBystander]

 

So, if you have a FOID/CCL you will be able to carry a switchblade of any length that's able to be concealed?

As of now, that just a FOID. The FCCL isn't stated as necessary or acceptable for the carry of an automatic knife.

Also, the bill did not include preemption so any local blade length restrictions in effect are still there to the best of my knowledge

Edited May 20, 2017 at 07:11 PM by InterestedBystander

[Looper]

2) The provision of paragraph (1) of subsection (a) of 21 this Section prohibiting the sale, manufacture, purchase, 22 possession, or carrying of any knife, commonly referred to 23 as a switchblade knife, which has a blade that opens 24 automatically by hand pressure applied to a button, spring 25 or other device in the handle of the knife, does not apply 26 to a person who possesses a currently valid Firearm Owner's

​It sounds like there would be no blade restriction as the word ANY in line 22 above states. Probably wishful thinking on my part

[lilguy]

So, I live in a town with no restrictions. As I travel in my car or on my bike I cross many town boundaries. How does it effect me as I pass through a town with restrictions. As I travel the Prairie Path can I stop in a town to eat or must I keep going and know what towns along the way are legal. Does my Truck or Bike provide safe harbor for my knife if I leave it secured in either. If I'm involved in a traffic stop and am asked if I'm armed do I anounce that I'm carrying a auto knife and can I be arrested in a town that prohibits? Edited May 20, 2017 at 08:39 PM by lilguy

[kwc]

My opinion only--without preemption in the UUW statute, your questions can only be answered by reading the municipal codes and accompanying penalties for each area you transit.

 

You wouldn't be charged with violating state law, due to SB607, but could still be charged with violating a local ordinance.

[Mr. Fife]

Is it ok to carry a switchblade while fishing with just your fishing license?

[skinnyb82]

I haven't read the entire law but I'd venture to guess that you probably need to have your FOID or CCL on you.

 

For municipal code, look on knifelaw.us for a list of every US city that has a municipal ordinance regulating knife carriage. They update it as often as the laws and codes change. Mine is unconstitutional as it bans carriage of any deadly weapon, including a concealed handgun, into a licensed business. I've never seen it enforced as like half of the population carries a concealed knife so that wouldn't even be practical. They probably just charge it up to UUW or AUUW only in certain circumstances.

 

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Edited May 21, 2017 at 03:44 AM by skinnyb82

[InterestedBystander]

There's a site for that heh. Look on knifelaw.us they have a list of every US city that has a municipal ordinance regulating knife carriage. Mine is unconstitutional as it bans carriage of any deadly weapon, including a concealed handgun, into a licensed business.

 

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knifelaw.us is an invalid "parked" domain Edited May 21, 2017 at 03:42 AM by InterestedBystander

[skinnyb82]

Crap, I didn't read the URL before hitting the link. There's a PDF on handgunlaw.us, I would copy and paste if not for the search result being all messed up.

 

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[InterestedBystander]

Crap, I didn't read the URL before hitting the link. There's a PDF on handgunlaw.us, I would copy and paste if not for the search result being all messed up.

 

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http://handgunlaw.us/documents/USKnife.pdf? Edited May 21, 2017 at 03:56 AM by InterestedBystander

[skinnyb82]

Yes, that is it. Google obfuscates search results and I didn't feel like running it through one of those URL decoders (or finding a Firefox plug in to decode it). Thank you for posting the link.

 

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Edited May 21, 2017 at 02:37 PM by skinnyb82

[sfdoc5]

 

"of Section 24-1 of this Code, knife with a blade of at least 3 inches in length,"

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K33A-1

We asked about this in the academy. 720 ILCS 5/33A-1 only applies while in the process of committing a felony as an aggravating charge - at least that's what the ADA who instructed us said.

 

This is how it was explained to us also.

[Frank]

 

"of Section 24-1 of this Code, knife with a blade of at least 3 inches in length,"

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K33A-1

We asked about this in the academy. 720 ILCS 5/33A-1 only applies while in the process of committing a felony as an aggravating charge - at least that's what the ADA who instructed us said.

 

 

It also applies to Criminal Tresspass to Land, Unauthorized Possession or Storage of Weapons:

 

 

 

(720 ILCS 5/21-6) (from Ch. 38, par. 21-6)

Sec. 21-6. Unauthorized Possession or Storage of Weapons.

( a ) Whoever possesses or stores any weapon enumerated in Section 33A-1 in any building or on land supported in whole or in part with public funds or in any building on such land without prior written permission from the chief security officer for such land or building commits a Class A misdemeanor.

( b ) The chief security officer must grant any reasonable request for permission under paragraph (a).

(Source: P.A. 89-685, eff. 6-1-97.)

 

 

This is one section of the law that needs to be changed. It also prevents you from carrying any knife with a length of more than 3 inches on tax supported property, without previous written permission.

 

-- Frank

Edited May 22, 2017 at 02:58 PM by Frank

[Tod]

Stupid question .... but is there any way of tracking if SB607 has been sent to the governor? I know the legislators have 30 days to forward the bill to the governor, who then has 60 days to sign or veto the bill. If the governor fails to act within the 60 days, the bill automatically becomes law.

 

But what happens if the legislators Fail to forward to the bill to the governor during the required 30 day period.

 

So, is there any way to find out if or when SB607 will become the law of the land? And aside from the governor's veto, what else can derail the bill from becoming the law of the land?

[InterestedBystander]

ilga website has bills sent to governor report. Also on bill status page, should change from passed both houses to sent to governor. Not happened yet though. Last I checked they had passed 200 plus bills and only sent 1.