Florida knife laws
Looking for a little info. Florida knife law is a bit on the vague side, stating, I believe that a "common pocket knife" with a blade under 4" is OK. I have always carried a pocket knife of one kind or another. Currently a tactical folder with a liner lock, 31/2" half serrated blade, which I thought was fine until reading on a couple of forums lately that may not be the case. The reason behind this is that the term "common pocket knife is not really defined anywhere.
Does anyone have any incite on this?
I've tried to track this down before and couldn't find any legit source as to a minimum/maximum blade length. According to Jon Gutmacher, in the FL SC case of LB vs State it ruled a folded pocket knife with a blade 4" inches or less is not a "weapon" unless "used as such." But in J.D.L.R. vs State a 3 1/2" folding knife with fingerguard and "combat grip" was a weapon.
So there is no clearcut definition of what makes a pocketknife a weapon. Use discretion. Make sure your knife has no "fighting" features and is 4" or less and you should be fine.
If you can make heads or tails out of the legal garbage, knives are regulated by Chapter 790, of the Florida Statutes.
Good suggestion. Unfortunately, in regards to his length question, 790 doesn't go much beyond "common pocketknife."
There in lies the problem, it's way to vague. Sometimes that can be a good thing but sometimes not so good.
Anyway, these are currently my two primary carry knives, depending on what I'm doing:
It is vague, so here's what I did: asked a few cop friends what they carried when off-duty and what they'd think of me carrying the same. They all said it would be unlikely that any copy would question it. So I have a folder that manually opens, has no fingerguard and is just a simple grip and go knife with a serrated edge. Since it's visible while clipped to my jeans pocket, it's not concealed carry either.
I also live in the Gunshine state. If carried in a pocket, any folder under 4" of blade length will not cause you hassle from law enforcement. Balisongs and auto openers are another matter. It is the cop's discretion as to the FSS 790 interpretation of "common." Not much case law on the subject.
Will not?--but can. But in J.D.L.R. vs State a 3 1/2" folding knife with fingerguard and "combat grip" was determined to be a weapon. I think the style of the knife may have more bearing than the length in drawing the attention of an LEO.
Originally Posted by WilsonBBB
If you have a Florida Concealed Carry Weapons Permit there is no problem with a folding knife or fixed blade if carried concealed.
FLACCW Permit covers a multitude of weapons.
790.06 (1) License to carry concealed weapon or firearm.
..........For the purpose of this section,concealed weapons or concealed firearms are defined as a handgun,electrnic weapon or device,teargas gun,knife,or billie..........
That's true, I'll be getting the ccw, but at the moment it's looking like that won't be until probably April at the earliest, can't even get an appt at the dept of Agri until March 8th.
Check out State by State knife laws here
And gun laws here
I currently have a SOG Flash II am looking for a Smith & Wesson SWBG2TS Border Guard 2 to add to my collection. Is the S&W legal to carry in Florida?
I have no idea what those are but I suggest you research FL statute 790. Do you have a CWFL? Anything other than a "common pocketknife" can be a concern, and that definition is very gray.
I agree with OldVet, knives are a gray area to say the least. However based on the specs of that knife it has a 4.4 in blade which puts a bit into the black area, that is not legal. However if you have a FL CCW I believe you may be ok, I'm not a lawyer however.
Not sure what a CWFL is?
Originally Posted by OldVet