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No. 2--04--0492 filed 4/20/06
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT

________  
THE PEOPLE OF THE STATE  )  Appeal from the Circuit Court  
OF ILLINOIS,  )  of Du Page County.  
)  
Plaintiff-Appellee,  )  
)  
v.  )  No. 03--CF--1867  
)  
ANTHONY W. KOHL,  )  Honorable  
)  Ann B. Jorgensen,  
Defendant-Appellant.  )  Judge, Presiding.  

JUSTICE BOWMAN delivered the opinion of the court:
The resolution of this appeal depends on what the definition of "metal knuckles" is.1
1Metal knuckles are perhaps more commonly known as "brass knuckles."  See Black's Law Dictionary 188 (6th ed. 1990) (noting that the term "brass knuckles" stems from the fact that the item was originally made of brass); see also People v. Whitfield, 8 Ill. App. 3d 210, 211 (1972), quoting
M. Matthews, Dictionary of Americanisms __ (1951) (noting that metal knuckles are also called brass knuckles, and that the term is used to describe an item " 'used in fights by roughs [and] thugs' "). Illinois Attorney General Opinion No. S--1386 (1978 Ill. Att'y Gen. Op. 161) notes that both Black's and Ballentine's law dictionaries indicate that the term "brass knuckles" is often still used to describe metal knuckles even though they may not be made of brass.
According to the State, an item consisting of a 32-inch-long, 12-inch-wide knife blade, two metal finger loops, and additional smaller blades is a set of metal knuckles.  The trial court accepted this interpretation, and accordingly it found defendant, Anthony W. Kohl, guilty of being a felon in possession of a per se unlawful weapon under sections 24--1.1(a) and 24--1(a)(1) of the Criminal Code of 1961 (Code) (720 ILCS 5/24--1.1(a), 24--1(a)(1) (West 2002)).  Kohl appeals, and we reverse.
I. BACKGROUND
In March 2003, Kohl, who was on parole relating to a burglary conviction, received a visit at his Glendale Heights apartment from Agent Craig Woelfel of the Illinois Department of Corrections parole division. Agent Woelfel apparently went to Kohl's apartment to go over Kohl's parole agreement with him and to make sure he was complying with that agreement.  While there, Agent Woelfel noticed some swords hanging on a wall and a pocket knife on a table.  Agent Woelfel believed the swords and pocket knife might be considered collector's items, so he did not report Kohl as violating his parole agreement, which prohibited the possession of certain weapons. Nevertheless, Agent Woelfel told Kohl he needed to get rid of the items.
Kohl decided to have an indoor garage sale. He drew up and distributed flyers advertising the items for sale, which included coffee makers and swords.  He got a quick response--from parole agent Jeffrey Bryant and a Glendale Heights police officer.  Agent Bryant asked whether, as the garage sale flyer promised, Kohl had swords.  Kohl said he did; he told Agent Bryant they were in a storage unit on the apartment's balcony.  Agent Bryant searched the storage unit and found some swords and knives. At that point, Kohl was arrested.
Contending that several of the knives found in the storage unit were in fact "metal knuckles," the State charged Kohl with two counts of unlawful possession of a weapon by a felon.  Under the Code, Kohl could be found guilty based on his mere possession of metal knuckles (see 720 ILCS 5/24--1.1(a), 24--1(a)(1) (West 2002)), but to be found guilty based on his possession of knives, Kohl had to have possessed the items with the intent to use them unlawfully against another (see 720 ILCS 5/24--1.1(a), 24--1(a)(2) (West 2002)).2  The State did not contend that Kohl intended to use any of the items unlawfully.  So the only way to prove him guilty was to establish that one or more of the items was a set of metal knuckles.  To this end, the State introduced four of the items found in Kohl's storage unit.  All of these items were comprised of blades and metal handle grips in one form or another. And, according to the State, all of these items were metal knuckles.
The trial court agreed that one of the items was a set of metal knuckles, but found that the other three were knives. As for the item determined to be a set of metal knuckles (which is the only one with which we are concerned here), it consists of the following: a grip on which the holder rests two fingers and from which two thin, pointed, two-inch metal projectiles extend at right angles; and
2There is no suggestion that the item Kohl was convicted of possessing falls into the category of knives that are per se unlawful. See 720 ILCS 5/24--1(a)(1) (West 2002) (per se unlawful knives include "any knife[ ] commonly referred to as a switchblade knife ***, or a ballistic knife, which is a
compressed gas").
two metal loops into which the holder inserts his or her middle and ring fingers, and from which extend at 45-degree angles two stubbier, half-inch metal projectiles, and from which also extends, straight out, a 32-inch-long, 12-inch-wide sharp pointed blade, shaped like an arrow head.  Here is a picture of the item:
After determining that the above item was not a knife but, instead, a set of metal knuckles, the trial court found Kohl guilty of both counts of unlawful possession of a weapon by a felon and merged the first count into the second (which alleged that Kohl was on parole).  See 720 ILCS 5/24-

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