are switchblades legal to carry in florida

Thoughts from a former ASA in Florida:

There are some grey areas in Florida's knife laws. The first, and probably biggest one, is the definition of a "weapon":
§ 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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The "common pocketknife" exception is frequently cited with regard to carry of a concealed weapon, and it's been interpreted, based on a 1951 Florida Attorney General opinion, to refer to folding knives with a blade less than 4 inches long. Other than a common pocketknife, the only "weapons" that are exempt from § 790.01 (the primary concealed carry statute) are "chemical spray" (pepper spray) and "nonlethal electric weapons" (Tasers). Arguably, the interpretation that's used for "common pocketknife" could exclude OTFs, since the blade on an OTF doesn't fold. Whether it includes a side-opening automatic is also a grey area, since an automatic knife is arguably "not common."

Another definitional issue is the inclusion of "dirk" separate from "knife" without any sort of context. I can't find anything interpreting how specific that term is, so it could mean a "long, straight thrusting dagger' or just any sort of dagger-ground knife. Given the ambiguity, I believe it'd fall closer to the traditional definition.

As far as the question of when something is "concealed," the general requirement is that it's "hidden from ordinary sight of another person." However, there's a line of cases that says "a statement by the observing officer that he or she was able to immediately recognize the questioned object as a weapon may conclusively demonstrate that the weapon was not concealed as a matter of law because it was not hidden from ordinary observation." Under this premise, if someone can immediately identify the thing sticking out of your pocket as a knife, it would not be "concealed." If it's not readily identifiable as a knife to a normal person, then it's "concealed." This is generally going to be a jury question.

jbmonkey said:
not entirely. the one set of state gun/weapons laws currently don't cover knives. it was left out. meaning it allows cities and counties to have their own ordinances, that have to be followed if they exist. they are very hard to find, ive tried. some have them and some dont.

state law is one thing...city and county ordinances are another. the case law of a folding knife under 4" defines it as a pocket knife and not a weapon. pocket knives aren't illegal or weapons under state laws. its a good ref but always consult a weapons lawyer for correct information for the areas you're in and travel to in the state.

most police and sheriff offices are clueless to their city and county ordinances, I know as I've called and asked and most do not know. some ref state laws and some just do not know. remember a police officer can enforce what they believe is the law and let a judge sort it out, meaning be careful as things aren't always so clear and cut. going to court to have a judge sort it out isn't cheap or quick.
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A county or local ordinance would only be valid (i.e., not preempted) when it addresses something not specifically addressed in the state statute. Concealed carry looks to be completely covered by the state statute, but open carry doesn't address anything other than firearms and Tasers, so a county or municipality could conceivably pass an ordinance restricting open carry of other types of weapons. I'm not aware of any county or local ordinances in Florida regarding the carry of knives. I have seen one from another state regarding throwing knives in a public park (they don't want you throwing knives at trees in the park...).

freedoom said:
I thought the ban on automatic knives was national. you have to be military or law enforcement to own one.
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The Federal Switchblade Act only deals with interstate commerce, not possession.

BONUS EDIT: while open carry is generally a free-for-all in Florida, it is illegal to exhibit any weapon in a "rude, careless, angry, or threatening manner." When we were in County Court, a buddy of mine had a case where the defendant was charged for improper exhibition of his Klingon Bat'Leth LINK
 
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OrangeBlueOrangeBlue said:
Thoughts from a former ASA in Florida:

There are some grey areas in Florida's knife laws. The first, and probably biggest one, is the definition of a "weapon":

The "common pocketknife" exception is frequently cited with regard to carry of a concealed weapon, and it's been interpreted, based on a 1951 Florida Attorney General opinion, to refer to folding knives with a blade less than 4 inches long. Other than a common pocketknife, the only "weapons" that are exempt from § 790.01 (the primary concealed carry statute) are "chemical spray" (pepper spray) and "nonlethal electric weapons" (Tasers). Arguably, the interpretation that's used for "common pocketknife" could exclude OTFs, since the blade on an OTF doesn't fold. Whether it includes a side-opening automatic is also a grey area, since an automatic knife is arguably "not common."

Another definitional issue is the inclusion of "dirk" separate from "knife" without any sort of context. I can't find anything interpreting how specific that term is, so it could mean a "long, straight thrusting dagger' or just any sort of dagger-ground knife. Given the ambiguity, I believe it'd fall closer to the traditional definition.

As far as the question of when something is "concealed," the general requirement is that it's "hidden from ordinary sight of another person." However, there's a line of cases that says "a statement by the observing officer that he or she was able to immediately recognize the questioned object as a weapon may conclusively demonstrate that the weapon was not concealed as a matter of law because it was not hidden from ordinary observation." Under this premise, if someone can immediately identify the thing sticking out of your pocket as a knife, it would not be "concealed." If it's not readily identifiable as a knife to a normal person, then it's "concealed." This is generally going to be a jury question.


A county or local ordinance would only be valid (i.e., not preempted) when it addresses something not specifically addressed in the state statute. Concealed carry looks to be completely covered by the state statute, but open carry doesn't address anything other than firearms and Tasers, so a county or municipality could conceivably pass an ordinance restricting open carry of other types of weapons. I'm not aware of any county or local ordinances in Florida regarding the carry of knives. I have seen one from another state regarding throwing knives in a public park (they don't want you throwing knives at trees in the park...).


The Federal Switchblade Act only deals with interstate commerce, not possession.

BONUS EDIT: while open carry is generally a free-for-all in Florida, it is illegal to exhibit any weapon in a "rude, careless, angry, or threatening manner." When we were in County Court, a buddy of mine had a case where the defendant was charged for improper exhibition of his Klingon Bat'Leth LINK
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If his client was Klingon: he might have had a valid defense...
Seriously: Has the term, "concealed carry" been adequately defined? If you can see the pocket clip of a knife: is it still concealed?
 
Well: we do have reservations in Disney's Fort Wilderness Campgrounds for October, 2022...
 
Do you know of any good knife shops in Orlando?
I don't think they sell any in WDW...
 
OrangeBlueOrangeBlue said:
I'm pretty sure the ordinance is no longer enforceable against someone with a concealed carry permit.
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on firearms. knives weren't included in the one set of state laws only rule. last read that hasnt been fixed yet
 
Bob Denman said:
Well: we do have reservations in Disney's Fort Wilderness Campgrounds for October, 2022...
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private property and Disney doesn't allow weapons or knives. they also stopped fire pits years ago.
 
jbmonkey said:
on firearms. knives weren't included in the one set of state laws only rule. last read that hasnt been fixed yet
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The Florida statute regarding CCW licenses specifically says:
790.06 License to carry concealed weapon or firearm.— (1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9).

So, if you have a FL CCW license, you are specifically authorized by the State of Florida to carry a concealed weapon, including a knife with no limitations on what type of knife (other than ballistic knives, which are specifically banned under 790.225).
The statute also includes a preemption clause:
(16) The Legislature finds as a matter of public policy and fact that it is necessary to provide statewide uniform standards for issuing licenses to carry concealed weapons and firearms for self-defense and finds it necessary to occupy the field of regulation of the bearing of concealed weapons or firearms for self-defense to ensure that no honest, law-abiding person who qualifies under the provisions of this section is subjectively or arbitrarily denied his or her rights. The Department of Agriculture and Consumer Services shall implement and administer the provisions of this section. The Legislature does not delegate to the Department of Agriculture and Consumer Services the authority to regulate or restrict the issuing of licenses provided for in this section, beyond those provisions contained in this section. Subjective or arbitrary actions or rules which encumber the issuing process by placing burdens on the applicant beyond those sworn statements and specified documents detailed in this section or which create restrictions beyond those specified in this section are in conflict with the intent of this section and are prohibited. This section shall be liberally construed to carry out the constitutional right to bear arms for self-defense. This section is supplemental and additional to existing rights to bear arms, and nothing in this section shall impair or diminish such rights.
That suggests that licensed concealed carry of a knife, even a "switchblade," is allowed. Of course, that's no help if you don't have a CWP...

It's also worth noting that Florida has two statutes that specifically supersede any local laws regarding the right to bear arms: 790.33 (specifically preempts almost all local laws regarding firearms) and 790.25(4):
CONSTRUCTION.—This act shall be liberally construed to carry out the declaration of policy herein and in favor of the constitutional right to keep and bear arms for lawful purposes. This act is supplemental and additional to existing rights to bear arms now guaranteed by law and decisions of the courts of Florida, and nothing herein shall impair or diminish any of such rights. This act shall supersede any law, ordinance, or regulation in conflict herewith.
 
OrangeBlueOrangeBlue said:
The Florida statute regarding CCW licenses specifically says:
790.06 License to carry concealed weapon or firearm.— (1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9).

So, if you have a FL CCW license, you are specifically authorized by the State of Florida to carry a concealed weapon, including a knife with no limitations on what type of knife (other than ballistic knives, which are specifically banned under 790.225).
The statute also includes a preemption clause:
(16) The Legislature finds as a matter of public policy and fact that it is necessary to provide statewide uniform standards for issuing licenses to carry concealed weapons and firearms for self-defense and finds it necessary to occupy the field of regulation of the bearing of concealed weapons or firearms for self-defense to ensure that no honest, law-abiding person who qualifies under the provisions of this section is subjectively or arbitrarily denied his or her rights. The Department of Agriculture and Consumer Services shall implement and administer the provisions of this section. The Legislature does not delegate to the Department of Agriculture and Consumer Services the authority to regulate or restrict the issuing of licenses provided for in this section, beyond those provisions contained in this section. Subjective or arbitrary actions or rules which encumber the issuing process by placing burdens on the applicant beyond those sworn statements and specified documents detailed in this section or which create restrictions beyond those specified in this section are in conflict with the intent of this section and are prohibited. This section shall be liberally construed to carry out the constitutional right to bear arms for self-defense. This section is supplemental and additional to existing rights to bear arms, and nothing in this section shall impair or diminish such rights.
That suggests that licensed concealed carry of a knife, even a "switchblade," is allowed. Of course, that's no help if you don't have a CWP...

It's also worth noting that Florida has two statutes that specifically supersede any local laws regarding the right to bear arms: 790.33 (specifically preempts almost all local laws regarding firearms) and 790.25(4):
CONSTRUCTION.—This act shall be liberally construed to carry out the declaration of policy herein and in favor of the constitutional right to keep and bear arms for lawful purposes. This act is supplemental and additional to existing rights to bear arms now guaranteed by law and decisions of the courts of Florida, and nothing herein shall impair or diminish any of such rights. This act shall supersede any law, ordinance, or regulation in conflict herewith.
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yeah but where does it say.....superceding local law on knives...firearms yes.....I didnt read the statue wall of text ya posted. as im on a phone and its a large wall of text on a phone screen. do me a favor and clip that part that shows knives are covered under one set of state laws and over ride local laws and ordinances. last I looked up they weren't covered under a one set of state laws ccw or not. thanks.
 
I take it that a New York State unrestricted handgun permit will not qualify...
 
I figured that the lack of reciprocity would bite me on the bottom...
 
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