Florida common pocketknife - Page 2

Florida common pocketknife

This is a discussion on Florida common pocketknife within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I don't buy this. Something's being held back on this story. Ordinary or not, my CWFL covers it. There has to be a change in ...

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  1. #16
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    I don't buy this. Something's being held back on this story.

    Ordinary or not, my CWFL covers it. There has to be a change in the statutes to eliminate pocketknives, and I'm not finding it. Anyone out there got something concrete on this?

    FS 790-001:
    (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.
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  2. #17
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    Quote Originally Posted by OldVet View Post
    I don't buy this. Something's being held back on this story.

    Ordinary or not, my CWFL covers it. There has to be a change in the statutes to eliminate pocketknives, and I'm not finding it. Anyone out there got something concrete on this?

    FS 790-001:
    (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.
    I agree, this doesn't sit with me, will post tomorrow if attys give straight answer

  3. #18
    Senior Member Array darbo's Avatar
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    Quote Originally Posted by OldVet View Post
    I don't buy this. Something's being held back on this story.

    Ordinary or not, my CWFL covers it. There has to be a change in the statutes to eliminate pocketknives, and I'm not finding it. Anyone out there got something concrete on this?

    FS 790-001:
    (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.
    I agree. I'm not finding anything that would eliminate "common pocketknifes" from exemption.

  4. #19
    Distinguished Member Array hardluk1's Avatar
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    Oh your buddy is in the city with a no knife law- ft laudredale and palm beach. Not state law , local law. Tell your buddy to buy a pistol and a get his CCW if he gets out of this.

  5. #20
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    Quote Originally Posted by hardluk1 View Post
    Oh your buddy is in the city with a no knife law- ft laudredale and palm beach. Not state law , local law. Tell your buddy to buy a pistol and a get his CCW if he gets out of this.
    Does FL have state-wide preemption on weaponry, or merely firearms? Perhaps the local ordinance is irrelevant, if preemption applies.
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  6. #21
    Distinguished Member Array hardluk1's Avatar
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    ccw9mm Here ya go , read till you get tired. Just know that a couple cities there have the abitlity to change some aspects of local laws includeing knifes. Note that florida is a licence to carry a concealed weapon OR firearm.

    Statutes & Constitution :View Statutes : Online Sunshine

    Then this- Statutes & Constitution :View Statutes : Online Sunshine

    Its seems this ole boy with the pocket knife issues does not have a CCW and maybe he got into one of those towns with laws against knifes and if anyone has don't anything to to get even a misdemeanor he then gets hammered for the knife and that takes there problems to a higher level.

  7. #22
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    Quote Originally Posted by hardluk1 View Post
    Just know that a couple cities there have the abitlity to change some aspects of local laws includeing knifes.
    No, they don't. That's the old days.

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    I wouldn't say that yet.

    FS 790.33 Field of regulation of firearms and ammunition preempted.—(1) PREEMPTION.—Except as expressly provided by the State Constitution or general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government relating thereto. Any such existing ordinances, rules, or regulations are hereby declared null and void.

    This preemption is for FL firearms only. I have not found any statute giving the state preemption of any other weapons. Is there a separate statute dealing with preemption of weapons? I can't find one.
    Retired USAF E-8. Lighten up and enjoy life because:
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  9. #24
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    Quote Originally Posted by SOS View Post
    I do not understand except a firearm...
    Florida law differentiates between Firearms and other Weapons. They are in a separate specific category of their own.
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  10. #25
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    Quote Originally Posted by SOS View Post
    reading florida law... waving a gun at someone in an angry fashion is a misdemeanor, carry a pocketknife now a felony. what has this country become? slowly loosing our rights
    We're not loosing any of our rights, but we certainly are losing them.
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  11. #26
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    Quote Originally Posted by ccw9mm View Post
    Does FL have state-wide preemption on weaponry, or merely firearms? Perhaps the local ordinance is irrelevant, if preemption applies.
    Only firearms in Florida.

    Quote Originally Posted by OldVet View Post
    Ordinary or not, my CWFL covers it.
    Actually, it may not. If not classified as a weapon, the CWFL would not cover it - no need to (usually).

    Florida statutes and case law would classify a 3" common folder as a pocketknife. However, as Florida's preemption only applies to firearms, we are subject to local laws. Additionally, intent and use can change the definition of a weapon.
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  12. #27
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    Quote Originally Posted by SOS View Post
    so far, 1 State Attorney, 1 hired attorney and 2 attorneys I emailed. I am asking for the law, so far they cite fs790 definition ruled that common pocket knives are no longer exempt in the weapons definition. Hoping someone here can help. A friend had a 3" pocketknife in his pocket and the state has charged 3rd degree felony. this is how we learned this. I am outraged about this as well as how the law is hidden.
    The definition has not changed.

    People: FS 790.001 is definitions.

    790.001(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.

    For criminy sake, nobody gets charged with definitions. For your illumination, that particular phrase enumerates and defines "weapons" other than firearms (hence the 'except') and also excludes common pocket knives. These are all weapons that (if carried concealed) will get you charged with a first degree misdemeanor except a firearm (which will get you a third degree felony), or a "common pocket knife" which gets you charged with nothing, because it is not a weapon.

    FS 790.01 is
    790.01 Carrying concealed weapons.—(1) Except as provided in subsection (4), a person who carries a concealed weapon or electric weapon or device on or about his or her person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
    (2) A person who carries a concealed firearm on or about his or her person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    Notice that paragraph 2 speaks to a firearm whereas paragraph 1 speaks to a weapon. Your buddy is lying or you don't have his story straight. If there is 3rd degree felony, and no firearm, then most likely the cops are inflating the charges under 790.07 because he was caught or charged with another felony:

    790.07 Persons engaged in criminal offense, having weapons.—(1) Whoever, while committing or attempting to commit any felony or while under indictment, displays, uses, threatens, or attempts to use any weapon or electric weapon or device or carries a concealed weapon is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.


    790.07: in this case he was already caught/committing or charged with another felonious crime, and they are "throwing the book", the pocket knife is still not a "weapon" but they like to stack up charges, even bad ones, in order to get the perp to cop a plea. Note however that this particular statute might be argued because it starts with "any weapon" and then throws an "or device or carries a concealed weapon".

    Personally, I think its quite supportable that someone committing a felonious crime with a weapon in his pocket should be considered to be armed for violence...

    Nothing about "common pocket knives" has changed, and normal pocket knives are as legal as they ever were.

    This thread should be closed on account of bad information getting the rabble roused up over nothing. Nobody is eroding anybody's rights.

    Those blue quotes above are cut&paste directly from the State of Florida.

    What constitutes a "common pocket knife" is pretty obvious. If you have any question about it, it's probably not. If it is anything more exotic than a swiss army knife, it may be debatable. A switch-blade or other automatic knife is obviously not a common pocket knife. If it has a hand guard or large blade it isn't a common pocket knife. A Buck knife in your pocket might be a problem: its commonly carried in a sheath and has a locking blade (common pocket knives do not lock or come with a holster). If it's concealed you're in trouble.

    I'm not a lawyer, but I'm a very good reader. The only question mark for me is what constitutes a "common pocket knife" and if you don't try to get tricky there, that is pretty well-defined too. In any case a common pocket knife, even if unlawfully construed as a concealed weapon, will only be a misdemeanor, unless used or carried in the commission of another crime.

  13. #28
    Ex Member Array bullshark's Avatar
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    Quote Originally Posted by OldVet View Post
    I wouldn't say that yet.

    FS 790.33 Field of regulation ...<snip>
    This preemption is for FL firearms only. I have not found any statute giving the state preemption of any other weapons. Is there a separate statute dealing with preemption of weapons? I can't find one.
    Your right. My bad, I mis-remembered the statute and didn't re-read it. OTOH, I don't think that applies to this thread. In general, I don't believe a municipality can (successfully) supercede state authority in criminal law of any kind, certainly not a felony. As I recall this was to squelch some stupid towns that attempted to re-regulate CWP validity and firearms laws. I don't think they would preempt anything unless there was a need since by default state is subordinate to Federal, county is subordinate to state, city to county and so forth.

  14. #29
    Ex Member Array bullshark's Avatar
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    Quote Originally Posted by 2700 View Post
    Additionally, intent and use can change the definition of a weapon.
    BIG 10-4 on that.

  15. #30
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    Quote Originally Posted by FLArmadillo View Post
    Wrong. Scroll to number 13.

    Statutes & Constitution :View Statutes :->2000->Ch0790->Section 001 : Online Sunshine

    "(13) "Weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife."
    So you can carry a gun, but not pepper-spray...you can kill them, but don't you dare cause temporary non-lethal non-harmful pain.

    Wow that sounds like the rules of engagement.

    Ok then, I'll just kill the *******.

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