Knife Carry in Florida - Page 4

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; from my understanding a common pocket knife would be something like a buck knife with no pocket clip, assist to open, open stud ext ext.... ...

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Thread: Knife Carry in Florida

  1. #46
    Member Array J0eyg86's Avatar
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    from my understanding a common pocket knife would be something like a buck knife with no pocket clip, assist to open, open stud ext ext.... is nothing that you see now adays, now i think it would take a officer on a very bad day to actually pull this out considering everyone has one in there pocket now adays. i would just get your cwl and be on the safe side.

  2. #47
    Member Array epalmer2898's Avatar
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    i sent mine in back on the 18th of November. I just got it about 3 weeks ago. just a heads up and that was before the gun craze really started

  3. #48
    New Member Array Drako's Avatar
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    I just had to throw this into the mix.. but how would you define "Open Carry" when it comes to a knife?? unless i'm wrong you can open carry a bowie knife and
    still be within Fl weapon laws...now let's say you are carrying a knife like a "Cold steel gunsite" Blade length is 5in, total length is 11in...this has a clip that you
    carry in your pocket, but the top of the knife is showing because of the clip... So is this a Open carry or CC ???

    I have ask a number of LEO .... most said I would go to jail but a few said that as long it is being carry with the clip showing.. it falls under OC because of the
    gray area that comes along with OP of knifes...

    and yes I have heard that it has to be a Fixed blade to open carry... but I haven't found any references to that in my Local Ordinances... and Yes I have a Conceal
    carry permit... but I have a few YOUNG friends that carry that seem to think they know better

    Three of these kids are going into the military and I don't want to see them get into trouble because a LEO told them it was okay to carry any size knife as long
    as it was showing and a folding knife with a clip was okay... YES a LEO told them that OH one kid is related to him... so you know how that goes...

    Thanks for any information on this....

  4. #49
    Senior Member Array flphotog's Avatar
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    Quote Originally Posted by travis2 View Post
    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?
    I believe that if it can open by a flick of the wrist you may have a problem. I don't however believe that a spring assisted knife is illegal as long as it requires you to open it by somehow touching a lug on the side or bottom of the blade. If it is activated by a button on the side of the case as apposed to the blade then there again you may have a problem. You also have the 4" blade and so called "tactical" features to consider. This is for Florida. With a CCW you can carry just about anything.

  5. #50
    Ex Member Array Old_Dog's Avatar
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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
    Nor is it in many other States. That is not the problem. The problem is how a "common pocket knife" is defined. That is the "gotcha" that I worry about. Is a 4" assisted opening tactical looking knife called the defender viewed as a common pocket knife by a jury composed of mostly people who know squat about knives? Do you want to spend your life savings finding out? Knife laws can and do vary by townships in most places I live and even if the knife is a plain Jane small folder in NJ, if you cannot come up with a valid reason to carry it, they can arrest you or take it away from you if you are lucky. Knife laws are written so as to provide a lot of leeway for LEO to determine if it is a legal carry knife and if its owner is or can legally carry it. When I lived in States where I could not carry a gun, I carried a knife. Most were probably illegal but all I had. I am much more comfortable carrying a gun because the laws are well defined in comparison to the knife laws.

  6. #51
    VIP Member Array OldVet's Avatar
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    The courts has previously defined a common pocket knife as with a blade under 3-1/2 inches. If you have a CWFL, it makes no difference.
    Retired USAF E-8. Curmudgeon at large.
    Lighten up and enjoy life because:
    Paranoia strikes deep, into your life it will creep. It starts when you're always afraid... Buffalo Springfield - For What It's Worth

  7. #52
    New Member Array Drako's Avatar
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    Yes but I was asking if Open carry in the name of law fall into having a 5in blade knife in you pocket with the clip showing??... is that open carry??? remember OC under the Fl law I can carry
    a sword if I want too... yet a pocket knife is against the law... how will that battle out in court???

  8. #53
    Senior Member Array flphotog's Avatar
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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
    Which edition of the book, in the latest edition he is talking about airports on those pages.

  9. #54
    New Member Array macandlinuxuser's Avatar
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    Emerson Super CQC-8 BT Bowie Folding Knife w/ Wave (4.3")

    Yes that is the blade size. I'm seriously thinking of purchasing one for protection. Any ideas in the Fort Lauderdale-Miami area?
    Attached Thumbnails Attached Thumbnails Knife Carry in Florida-dec-6-emerson-folder-front-plain.jpg  


  10. #55
    VIP Member Array Stetson's Avatar
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    Maine just changed some knife laws where switchblades are now legal. I think they are dangerous.Last time I went through post office former colleague pointed out the knife I purchased was too small.At the time any knife less than four inches was illegal.
    Last edited by Stetson; November 15th, 2015 at 10:38 PM. Reason: sp

  11. #56
    Member Array Backroad's Avatar
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    I'm in FL a couple of months every year. Carry a Kershaw assisted opener clipped on my pocket. Never had a problem.

    al
    "gettin' there is half the fun."

  12. #57
    VIP Member Array OldVet's Avatar
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    Quote Originally Posted by Drako View Post
    Yes but I was asking if Open carry in the name of law fall into having a 5in blade knife in you pocket with the clip showing??... is that open carry??? remember OC under the Fl law I can carry
    a sword if I want too... yet a pocket knife is against the law... how will that battle out in court???
    Quote Originally Posted by macandlinuxuser View Post
    Yes that is the blade size. I'm seriously thinking of purchasing one for protection. Any ideas in the Fort Lauderdale-Miami area?
    Quote Originally Posted by Backroad View Post
    I'm in FL a couple of months every year. Carry a Kershaw assisted opener clipped on my pocket. Never had a problem.

    al
    Be aware that Florida state does Not have preemption on knife laws and each municipality can (and does) set its own law concerning the manner of carry and size of knives. Miami/Dade is known to have very prohibitive restrictions.

    Previous case law has established that a 3-1/2 inch blade folded blade is a "common" pocketknife. A "tactical" fighting knife may or may not qualify. You don't want to be the test case for that.
    Retired USAF E-8. Curmudgeon at large.
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    Paranoia strikes deep, into your life it will creep. It starts when you're always afraid... Buffalo Springfield - For What It's Worth

  13. #58
    Senior Member Array flphotog's Avatar
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    Quote Originally Posted by OldVet View Post
    Be aware that Florida state does Not have preemption on knife laws and each municipality can (and does) set its own law concerning the manner of carry and size of knives. Miami/Dade is known to have very prohibitive restrictions.

    Previous case law has established that a 3-1/2 inch blade folded blade is a "common" pocketknife. A "tactical" fighting knife may or may not qualify. You don't want to be the test case for that.
    I think you will find that case law say's under 4" but I don't have to to look the case up at the moment. If you check Florida Knife Laws Explained | KnifeUp it also states 4 inches.
    Member COTEP CBOB0772, NRA, GOA, Florida Carry

  14. #59
    New Member Array DEH1985's Avatar
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    While Talking to a Cop, Knife snatched, pants ripped...

    I read the Rules, so this being my first post I hope it won't count as "bashing LE"... but SWIM was arrested for "Loitering and Prowling" in Broward, while carrying a small Kershaw Leek pocket knife in SWIM's right front jeans pocket and I'll do a write up in a bit, but SWIM read this post and thought quotes from SWIM's police report might shed some light on this issue. The case was dropped the day after I got out of jail.

    At first, I thought the LE were coming to help, but that ended after about a half-hour of chit chat, the 50th "Can we have a look inside the truck?" (I kept saying 'No, I don't consent to a search.'), and the 25th "What're you doing here?" ('I was just driving around and I pulled over').

    Knife Notes: A G]gorgeous Kershaw Leek (ver, ~$200)
    - Blade: 3", Handle: 4", Overall: 6 7/8";
    - Artisan-Crafted Bloody Basin Jasper Handle with mother of pearl inlay;
    - Blade material: Sandvik 13C26 SS.

    Note:
    - I have a Concealed Weapons Permit, usually carry a Les Baer 1911;
    - No guns in the truck;
    - Truck is 2010 Dodge Ram;
    - No criminal record, clean driving record.

    From SWIM's police report (obviously SWIM contests these events):

    "As As I approached [SWIM], he told me that he was checking out his truck tires because they were making a 'whoosing' noice and he thought that the tires may be out of balance. He said he was coming from [a nearby area] but could not explain why he was in [the current area] and parked to the rear of closed businesses, in the dark, with all of the truck lights off. [SWIM] said that he was not a mechanic and also cound not explain how he was going to determine if the tires were out of balance and if they were - how he was going to fix the unbalances tire problem. It should also be noted that SWIM was not in possession of a flashlight as he was attempting to assess the tire problem in the dark.

    [SWIM] said that he lived in America and was free to drive wherever he wanted to. I could see a knife clipped to the inside of [SWIM]'s left front pocket, which I retrieved."

    Long story short, the knife was never booked into evidence and I never got it back. I wasn't charged with anything knife related. Only "Loitering and Prowling" (FS 856.021), in full view of a ton of people and in front of a fast food place, but my truck was towed, and searched. Laptops, bags, and car pretty roughed up. They went through all my stuff, which was a lot because I was moving. I don't keep my knife in my front pocket exposed like that anymore.

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