Unlawful intent to use a weapon requires evidence that rules out lawful use.
What knife laws (statutory law) mean is about more than the legislated law in the United States. Judicial opinions (case law, common law or judicial precedent) are considered "law" with the same force as statutes. Here are pertinent case law summaries that provide helpful information on how knife laws in different states have been handled or decided by the court system. We include valuable notes for the knife owner. For attorneys representing knife issues we offer suggestions from an experienced criminal lawyer.
Illinois’s per se dangerous weapon statute is not a strict liability offense and blade length is the length of any non-handle portion of a knife.
Charges for violation of Illinois’s possession with intent statute must include details of the intent to use it unlawfully.
Rainer v. State
763 S.W.2d 615 (Tex. 1989)
The blade length restriction in Texas law references the cutting portion of the knife, not the sharpened edge.
Caetano v. Massachusetts
136 US 1027 (2016)
Heller applies to modern weapons and less lethal weapons as well as handguns.