Knife Carry in Florida - Page 3

Knife Carry in Florida

This is a discussion on Knife Carry in Florida within the Defensive Knives & Other Weapons forums, part of the Defensive Carry Discussions category; What constitutes a "common pocket knife" is up in the air, yes. Pocket knives by definition are folding knives that fit in one's pocket. "Common" ...

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Thread: Knife Carry in Florida

  1. #31
    BAC
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    What constitutes a "common pocket knife" is up in the air, yes. Pocket knives by definition are folding knives that fit in one's pocket. "Common" ones are of a size to easily use for tool work (the purpose of a pocket knife). I think that's the state of Florida's way of saying don't be stupid and use common sense. The way a DA put it to me is if you have to ask whether or not it's a common pocket knife, it isn't. I'm down with that description.


    -B


  2. #32
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    Quote Originally Posted by BAC View Post
    When a knife that is NOT a common pocket knife is carried, it CANNOT be carried openly (790.053), and cannot be carried concealed (790.01) unless the carrier is properly licensed (790.06).


    Tony, I hope this answers your questions.


    -B

    Thanks for the replies. Guess I should have added my questions were for conceal carry. I have had my FL permit since 1992 I have also read all that you posted before. I guess that site I put a link up from is wrong(or I am still reading it wrong) or it is for people w/o a permit? Ok so now what about 90% of us with permits who carry a auto or similar in front pocket with the clip 80%concealed and 20% not?? I am not too worried about it, I always carry like that. Just like to be sure in case you run across Mr. leo who is..........well lets just say not so cool
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  3. #33
    BAC
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    Regarding how much the knife is concealed, remember how Florida defines concealed: "...which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person." Strictly speaking, if you're carrying a knife that isn't a common pocket knife, to carry it lawfully you must carry it concealed and you must have a CCL. If enough of the knife is showing to identify what it is then it's considered open carry (unlawful). How much is "enough" to identify it depends entirely on your attire and manner of carry.

    Eh, looking at the site you linked, I would really rather point you to the state laws I linked. The state of Florida busted butt to gets its laws and statutes online and in an easy-to-find/read format, so I recommend using it. I think TheHighRoad tried to squeeze too much into too little space. I'm a little biased, though; I prefer reading the laws myself than having someone else read them for me. Since the parts of the cited laws regarding carrying of weapons is fairly brief, it might pay off to have a card with excerpts that you keep in your wallet, whether you have a CCL or not, just for those individuals who want to give you a hard time.


    -B

  4. #34
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    i have a folding pocket knife about 3 1/2" partially serrated blade, and has a little stud on the side for one handed opening plus the blade can come out with the flick of you wrist, is this legal?

  5. #35
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    In 1997, the Florida Supreme Court interpreted the meaning of the "common pocketknife" exception for the first time. In L. B. v. State, 700 So. 2d 370, 373 (per curiam), the court determined that a pocketknife with a blade of 3¾ inches "plainly falls within the statutory exception to the definition of `weapon' found in section 790.001(13)." The complete analysis of the Florida Supreme Court on this issue was as follows: "In 1951, the Attorney General of Florida opined that a pocketknife with a blade of four inches in length or less was a `common pocketknife.'

    Note that while assisted opening folders fall under common pocket knife, automatic knives or switchblades do not. You must have a Concealed Carry License to carry an automatic knife.
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  6. #36
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    Thank you. I, "Definitions" section should read more books. I say you have to carry a license to give me good information.

  7. #37
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    Quote Originally Posted by 45MINK View Post
    here's a thought ........once you tell the officer about it or where it is , It's no longer concealed ...............
    Actually, yes if it's still in your pocket it's still concealed, it's just that now you have confessed to having it and that it is concealed.

  8. #38
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    If you have a Florida CC permit, and look at it it is really a "concealed weapon or firearm license". A long time ago I was told that is your knife carry permit.
    Rick

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  9. #39
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    What is defined as a "common pocketknife" is indeed a gray area, one that may well be determined by aLEO, DA, and/or jury. Bear in mind that under FL definition, a firearm is not a weapon. However, it, like a common pocketknife, becomes a weapon if used as such.
    In reality, a folding, non-spring-loaded pocketknife with a blade less than 4" would most likely fall into the common pocketknife catagory. If it bears any resemblance to a "Rambo" combat knife (folding or not), probably not so.
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  10. #40
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    If you do not have a CCW to cover all the bases a lot depends on the circumstances that you encounter a LEO while having the knife in you possession and the type of knife you are concealing, as to any charges being placed against you. An 8" fixed blade in a sheath under your colors would be a problem. As Old Vet said a folding, non automatic opening pocketknife with a blade in the 4" range should be just fine.

    Wow this thread was started in 2008.
    Last edited by Old School; April 12th, 2011 at 09:45 PM.
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  11. #41
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    Originally Posted by Cakewalk
    You know, a Leatherman can be a pretty nasty weapon...

    Especially if someone gets those pliers on your "tender parts"
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  12. #42
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    Quote Originally Posted by Rustynuts View Post
    Note it says common pocket knife there, not a tactical 8" folder! Any "serious" knife, I'd still get a CWL.
    Could someone inform me on what a CWL is?

  13. #43
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    I think you are good to go.

  14. #44
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    Quote Originally Posted by MattInFla View Post
    You're looking for F.S. 790.001 (13)



    A common pocketknife is not a weapon under Florida law.

    I'd recommend getting a copy of Florida Firearms by Jon Gutmacher. On pages 105 and 106, he discusses the Florida laws relevant to this issue in detail.

    Matt
    +1 on reading this book .... and make sure you get the most current edition, the 7th edition. Gutmacher makes sense of a lot of things in this book.
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  15. #45
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    Quote Originally Posted by Awesome View Post
    Could someone inform me on what a CWL is?
    Concealed Weapons License. As opposed to a CHP,Concealed Handgun Permit.......

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