American Knife and Tool Institute

Keeping Knives in American Lives Since 1998

  • Join Today
  • Login

Keeping Knives in American Lives Since 1998

  • About
    • History and Successes
    • Board of Regents
    • Advisory Members
    • Premier Members
    • FAQs
    • Contact Us
    • Refund Policy
    • Terms of Service
  • Membership
    • Knife Industry Memberships
    • Individual Memberships
    • Be a Grassroots Supporter!
  • Legislation
    • Follow Current Knife Legislation
    • Finding Knife Laws
    • Contacting Legislators
    • How a Bill Becomes Law
  • Education
    • Knives Save Lives!
    • Kids and Knives
    • Traveling With a Knife
    • For Law Enforcement
    • For Legislators
    • The Ivory Ban
  • News & Events
    • Latest AKTI News
    • Industry News
    • Action Alerts
    • Upcoming Events
    • Carry With Confidence Giveaway
    • Free to Carry
  • Resources
    • Career Center
    • Knife Industry Resources
      • Knife Standards
      • Brand Protection
      • Social Media Censorship Initiative
      • Proposition 65
    • Knife Owner Resources
      • Encounters With Law Enforcement
      • Traveling With a Knife
      • The Legal Edge
      • Brandishing a Knife
      • Schools and Knife Laws
      • AKTI Monthly Knife Auction
    • Counterfeit Knives
    • Brochures & Handouts
    • For Media
    • Buy an AKTI Luggage Tag
  • State Knife Laws
    • State Auto-Open Laws
    • About Statewide Knife Preemption
    • Know Your Knife Laws
    • Federal Switchblade Act
    • Encounters With Law Enforcement
    • Court Case Summaries
    • The Legal Edge

Illinois Court of Appeals Case Summary

October 3, 2017

Anthony Sculimbrene, Esq.

People v. Morrisette
225 Ill. App. 3d 1044 (Ill. App. Ct. 4th Dis. 1992)

Charges for violation of Illinois’s possession with intent statute must include details of the intent to use it unlawfully.

Summary

Morrisette was charged with a number of offenses.  Only two are relevant here.  First, Morrisette was charged with possession of contraband in a correctional facility.  He was also charged with possession of a weapon with the intent to use it illegally.  These charges stemmed from an incident at an Illinois correctional facility where Morrisette was housed.  Authorities believed that Morrisette was caught as he was planning an escape.  In the kit of tools he had allegedly gathered for the escape was a hacksaw.  At trial, the court dismissed the charge related to the possession of contraband and the charge related to the possession with intent.  In both instances the trial court found that the hacksaw was not a per se dangerous weapon and that it was not sufficiently described to violate either the contraband statute or the possession with intent statute.

On appeal the State argued that the hacksaw, in a corrections facility, was likely to be used illegally and therefore was both contraband and its possession was, under the circumstances, for an illegal use.  The Court of Appeals disagreed, noting that Illinois had two types of illegal weapons: per se and those illegal when possessed with an intent to use them unlawfully.  The hacksaw in this case did not fall into the per se category.  Furthermore, the charge describing it did not provide information that it was like a per se weapon nor did it describe the intent to use it unlawfully.  The court also noted that the Illinois statutory scheme regarding weapons was not intended to criminalize every weapon, but only certain weapons.  The court here noted that the hacksaw is a common tool and thus to criminalize it, without a description of an intent to use it unlawfully, would be to interpret the Illinois weapons statutes far too broadly.

Both the contraband charge and the possession with intent charge related to the hacksaw dismissed by the lower court and this dismissal was affirmed by the Court of Appeals.

Notes for Knife Owners

Given the very unusual facts here, this case provides little guidance for knife owners.  It does mean that tools, even sharp ones, aren’t necessarily illegal in Illinois.

Notes for Attorneys

What Morrisette lacks in helpful information for knife owners, it makes up for in good language for attorneys litigating knife cases.  First, Morrisette makes a clear distinction between the two major Illinois weapons statutes.  This is helpful because it aids in analyzing charges.  Here, the court found the indictments against Morrisette lacking.  They did not sufficiently describe the hacksaw nor did the indictment spell out Morrisette’s unlawful intent.  Remarkably, given the setting, the court was also unwilling to assume an illegal intent.  In knife cases, be sure to check the charging documents carefully for both a description of the item and, if appropriate, a description of the supposed intent to use it unlawfully.  Both should be present.  Finally, this case contains excellent language about tools and weapons.  Just like the hacksaw here, a knife is a common tool.  It can’t be the case, under Morrisette, that all edged tools are illegal to possess.

  • Point 1: Keep in mind the distinction between the per se dangerous weapon and the weapon that is dangerous because of an intent to use it unlawfully.
  • Point 2: Check charging documents for sufficient language.
  • Point 3: Mine the dicta here for excellent language about tools vs. weapons.

Illinois Knife Laws

Take Action

  • Become a Member (Industry)
  • Become a Member (Individual)
  • Stay Informed
Make a Contribution

Popular Resources

  • AKTI Knife Auction
  • AKTI Approved Knife Definitions
  • State Knife Laws
  • State Auto-Open Laws
  • What Every Knife Owner Should Know
  • Traveling with Knives
American Knife & Tool Institute

14 hours ago

American Knife & Tool Institute
What is Concealed? Many knife laws contain a section on concealing knives. Which knives are included, and when is a knife “concealed?”www.akti.org/concerning-concealment/#KnowYourKnifeLaws #CarryWithConfidence #AKTI ... See MoreSee Less

Photo

View on Facebook
· Share

Share on Facebook Share on Twitter Share on Linked In Share by Email

As a nonprofit association, AKTI’s role is to be the reasonable and responsible advocate for the knife-making and knife-using community; educating, promoting and informing that knives are important tools.

Copyright © American Knife and Tool Institute, all rights reserved
22 Vista View Ln, Cody, WY 82414
307-587-8296
Privacy & Security
| Terms of Service

  • Home
  • About
  • Membership
  • Legislation
  • Education
  • Brand Protection
  • Contribute Today
  • News
  • Resources
  • Contact

Follow AKTI:

  • Email
  • Facebook
  • Instagram
  • Twitter

Account

  • Login