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Search Term Q&A: Knife Carry in Florida |
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Gregory Morris, 12/3/08 8:33:54 am |
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Question: "legally carrying a knife in florida"
Answer: First, the standard disclaimer: I am not a lawyer. Take everything I say with a grain of salt. I do my research, but I don't have time to review applicable case law. Also consider that the reality of implementation is often out of sync with the both the letter of the law, and common sense. Anyhoo...
Florida statutes define the term "weapon" thusly: (13) "Weapon" means any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife. To carry any "concealed weapon" you MUST have a valid Florida CWP. So any knife you carry concealed without a permit must be a "common pocketknife". That is a nebulous term, but I (not a lawyer) take it to mean any commercially available folding knives without particularly long blades or strange features. That means your Swiss Army knife is exempt, as is your Leatherman. However, that Blackhawk Harkins Triton will probably be considered a weapon.
That applies to concealed carry only. Remember that the Florida concealed weapons permit allows you to carry most any "weapon", not just a pistol. Get the permit, and you won't have to worry what's in your pocket!
Also remember that anything you use as a weapon, regardless of whether or not it is mentioned in statutes, will be considered one in court. Technically a mid-1800s black powder pistol is not a "firearm" by law, but if you use it to commit a crime, it becomes one.
Regarding open carry, that is a little stickier. Florida law forbids the open carrying of firearms, while explicitly allowing the open carry of chemical spray and non-lethal electronic defensive weapons. The statute regarding open carry does not mention knives at all, nor "weapons" in general. Therefore it would seem that you could theoretically open carry a katana if you wanted. I really don't recommend it because I'm sure there is a law somewhere that you could be nailed with. There always is.
If you want more (and in all likelihood better) information, pick up a copy of Gutmacher's book, which discusses carrying of weapons, including knives. |
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