Florida common pocketknife

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 have just learned that the definition statute of a weapon fs790 law has changed exempting the common pocketknife. Penalty is 3rd degree felony for ...

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  1. #1
    New Member Array SOS's Avatar
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    Florida common pocketknife

    I have just learned that the definition statute of a weapon fs790 law has changed exempting the common pocketknife. Penalty is 3rd degree felony for carrying a pocketknife.


  2. #2
    VIP Member Array zacii's Avatar
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    Quote Originally Posted by SOS View Post
    I have just learned that the definition statute of a weapon fs790 law has changed exempting the common pocketknife. Penalty is 3rd degree felony for carrying a pocketknife.
    What's your source?

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    Member Array FLArmadillo's Avatar
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    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."
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    As we used to teach in the spook business, carry a 25 if it makes you feel good, but do not ever load it. If you load it you may shoot it. If you shoot it you may hit somebody, and if you hit somebody - and he finds out about it - he may be very angry with you. -- Jeff Cooper

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    New Member Array SOS's Avatar
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    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.

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    New Member Array SOS's Avatar
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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."
    State atty says this is old, new legislature threw out common pocketknife. they are pressing charges and I would hate for someone else to go through this

  6. #6
    Distinguished Member Array mr.stuart's Avatar
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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.
    Where was he at when police made him produce the knife? Traffic stop? In a building? What was the situation?
    Pain is the best teacher,but nobody wants to go to his class.


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  7. #7
    New Member Array SOS's Avatar
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    don't know exactly, point I am concerned is that they say "ruled that common pocket knives are no longer exempt"
    from weapons definition.

  8. #8
    New Member Array SOS's Avatar
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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."
    I do not understand except a firearm...

  9. #9
    Senior Member Array darbo's Avatar
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    This guy is pretty knowledgeable on Fl. weapons laws. Email him with your question. I emailed him once and he responded the same night! I really don't think the law has changed. Ask this guy...
    Florida Firearms -- Law, Use And Ownership Book Updates

  10. #10
    New Member Array SOS's Avatar
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    ok thanks, we carry pocketknifes for work, cutting boxes, etc. guess I better start carrying nail files instead until they become illegal to carry.

  11. #11
    Distinguished Member Array mr.stuart's Avatar
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    Will be interesting to see how this turns out. In Texas I know there are some places you cannot carry any knife. Our local courthouse is posted and there are metal detectors.Most of the buildings I have encountered are government buildings,city, county,federal. These places in my area are well posted.
    Pain is the best teacher,but nobody wants to go to his class.


    When the past smothers the present, there is only desperation. When the future absorbs the present, life stands still. In either case a decision must be made because you only live now and you are only what you are now.

  12. #12
    StarPD45
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    If he is prosecuted, you can at least hope for jury nullification. If one member of the jury believes the law is wrong, s/he can vote not guilty. And being a felony, he should have the right to demand a jury trial. Even if the judge says the jury must follow the law, they don't. It might be a good idea if no one mentions nullification during the trial, otherwise they may dismiss the whole jury and start over. Check out fija.org for more info.
    Just my.02. I'm not a lawyer, nor do I play one on TV.

  13. #13
    New Member Array SOS's Avatar
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    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

  14. #14
    Senior Member Array darbo's Avatar
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    I'm not up to typing over a page from Gutmachers book but I will add this...
    In making the decision the Court stated: webster's defines "pocketknife" as a "a knife with a blade folding into the handle to fit it for being carried in the pocket." From these definitions , we can infer that the legislature's intended definition of "common pocketknife" was: "A type of knife occurring frequently in the community which has a blade that folds into the handle and that can be carried in one's pocket." We believe that in the vast majority of cases, it will be evident to citizens and fact-finders whether one's pocketknife is a "common" pocket knife under any intended definition of that term. We need not be concerned with odd scenarios construing smaller but more expensive knives as "uncommon".
    This definition should still exclude butterfly knives, automatic knives or knives that do not fold in the traditional manner. A recent case held a 3 1/2 inch bladed folding knife with a large finger guard, and notched combat-style grip still qualified as a weapon. J.D.L.R v. State, 701 So.2nd 626 (Fla. 3DCA 1997). Thus, if it has significant features normally reserved to a combat type fighting knife - it may be considered a "weapon".

    After this Gutmacher goes on to add his personal thoughts on the subject.

    My thought is it's clear that blade length is not the only determing factor.

  15. #15
    StarPD45
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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
    Unfortunately, not so slowly anymore.

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