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Fixed blade knife laws in Florida
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Tim the Wizard
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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...
...Concealed weapon means any dirk, metallic knuckles, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person.
...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.
it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:
(a) Members of the Militia, National Guard, Florida State Defense Force, Army, Navy, Air Force, Marine Corps, Coast Guard, organized reserves, and other armed forces of the state and of the United States, when on duty, when training or preparing themselves for military duty, or while subject to recall or mobilization;
(b) Citizens of this state subject to duty in the Armed Forces under s. 2, Art. X of the State Constitution, under chapters 250 and 251, and under federal laws, when on duty or when training or preparing themselves for military duty;
(c) Persons carrying out or training for emergency management duties under chapter 252;
(d) Sheriffs, marshals, prison or jail wardens, police officers, Florida highway patrol officers, game wardens, revenue officers, forest officials, special officers appointed under the provisions of chapter 354, and other peace and law enforcement officers and their deputies and assistants and full-time paid peace officers of other states and of the Federal Government who are carrying out official duties while in this state;
(e) Officers or employees of the state or United States duly authorized to carry a concealed weapon;
(f) Guards or messengers of common carriers, express companies, armored car carriers, mail carriers, banks, and other financial institutions, while actually employed in and about the shipment, transportation, or delivery of any money, treasure, bullion, bonds, or other thing of value within this state;
(g) Regularly enrolled members of any organization duly authorized to purchase or receive weapons from the United States or from this state, or regularly enrolled members of clubs organized for target, skeet, or trap shooting, while at or going to or from shooting practice; or regularly enrolled members of clubs organized for modern or antique firearms collecting, while such members are at or going to or from their collectors gun shows, conventions, or exhibits;
(h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;
(i) A person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person while engaged in the lawful course of such business;
(j) A person firing weapons for testing or target practice under safe conditions and in a safe place not prohibited by law or going to or from such place;
(k) A person firing weapons in a safe and secure indoor range for testing and target practice;
(l) A person traveling by private conveyance when the weapon is securely encased or in a public conveyance when the weapon is securely encased and not in the persons manual possession;
(m) A person while carrying a pistol unloaded and in a secure wrapper, concealed or otherwise, from the place of purchase to his or her home or place of business or to a place of repair or back to his or her home or place of business;
(n) A person possessing arms at his or her home or place of business;
(o) Investigators employed by the several public defenders of the state, while actually carrying out official duties, provided such investigators...
...Concealed weapon means any dirk, metallic knuckles, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person.
...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.
it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:
(a) Members of the Militia, National Guard, Florida State Defense Force, Army, Navy, Air Force, Marine Corps, Coast Guard, organized reserves, and other armed forces of the state and of the United States, when on duty, when training or preparing themselves for military duty, or while subject to recall or mobilization;
(b) Citizens of this state subject to duty in the Armed Forces under s. 2, Art. X of the State Constitution, under chapters 250 and 251, and under federal laws, when on duty or when training or preparing themselves for military duty;
(c) Persons carrying out or training for emergency management duties under chapter 252;
(d) Sheriffs, marshals, prison or jail wardens, police officers, Florida highway patrol officers, game wardens, revenue officers, forest officials, special officers appointed under the provisions of chapter 354, and other peace and law enforcement officers and their deputies and assistants and full-time paid peace officers of other states and of the Federal Government who are carrying out official duties while in this state;
(e) Officers or employees of the state or United States duly authorized to carry a concealed weapon;
(f) Guards or messengers of common carriers, express companies, armored car carriers, mail carriers, banks, and other financial institutions, while actually employed in and about the shipment, transportation, or delivery of any money, treasure, bullion, bonds, or other thing of value within this state;
(g) Regularly enrolled members of any organization duly authorized to purchase or receive weapons from the United States or from this state, or regularly enrolled members of clubs organized for target, skeet, or trap shooting, while at or going to or from shooting practice; or regularly enrolled members of clubs organized for modern or antique firearms collecting, while such members are at or going to or from their collectors gun shows, conventions, or exhibits;
(h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;
(i) A person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person while engaged in the lawful course of such business;
(j) A person firing weapons for testing or target practice under safe conditions and in a safe place not prohibited by law or going to or from such place;
(k) A person firing weapons in a safe and secure indoor range for testing and target practice;
(l) A person traveling by private conveyance when the weapon is securely encased or in a public conveyance when the weapon is securely encased and not in the persons manual possession;
(m) A person while carrying a pistol unloaded and in a secure wrapper, concealed or otherwise, from the place of purchase to his or her home or place of business or to a place of repair or back to his or her home or place of business;
(n) A person possessing arms at his or her home or place of business;
(o) Investigators employed by the several public defenders of the state, while actually carrying out official duties, provided such investigators...
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This is from the AKTI website. http://www.akti.org. As I'm no lawyer and don't even play one on TV all I can do is copy and paste. There are a few Florida residents on this forum who might be able to make it clearer. :thumbup:
Concealment/Carrying:
Open carry of all knives (except ballistic) is legal. Florida law provides that concealed weapons may not be carried.
F.S.A. § 790.01. For purposes of Florida law, weapon is defined as follows:
(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.
The term common pocketknife is not defined in the law. Although there are judicial decisions which provide some guidance, the line of demarcation between what is a common pocketknife and an uncommon or unusual pocketknife is indistinct. The decision is a question for the jury or a judge in a non-jury trial.
In general, a common pocketknife is a type of knife occurring frequently in the community, which has a blade that folds into the handle and that can be carried in ones pocket. The common pocketknife does not include such features as a combat-style grip; large metal hilt guard or a notched, combat-style grip. It also does not include a switchblade or double-edge blade. K.H. v. State of Florida, 29 So.3d 426 (2010).
Florida law, and in particular § 790.06, provides that a person may be licensed to carry concealed weapons or concealed firearms. This section also lists the numerous locations where a licensed person may not carry a weapon. Among these locations are any school, to include elementary and secondary schools, as well as colleges. An exception exists as to colleges and universities if the licensee is a registered student, employee or faculty member. Establishments licensed to dispense alcoholic beverages for consumption on the premises are also prohibited locations.
Critical Dimensions:
Knife owners should presume that the maximum blade length of a common pocketknife is four inches (4″
because of conflicting or unclear decisions of the Florida courts.
Statewide Preemption:
Yes, but only if licensed under F.S.A. § 790.06(15).
§ 790.25, pertaining to lawful ownership, possession, and use of firearms and other weapons, permits a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. This act provides that it supersedes any conflicting law, ordinance, or regulation.
Concealment/Carrying:
Open carry of all knives (except ballistic) is legal. Florida law provides that concealed weapons may not be carried.
F.S.A. § 790.01. For purposes of Florida law, weapon is defined as follows:
(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.
The term common pocketknife is not defined in the law. Although there are judicial decisions which provide some guidance, the line of demarcation between what is a common pocketknife and an uncommon or unusual pocketknife is indistinct. The decision is a question for the jury or a judge in a non-jury trial.
In general, a common pocketknife is a type of knife occurring frequently in the community, which has a blade that folds into the handle and that can be carried in ones pocket. The common pocketknife does not include such features as a combat-style grip; large metal hilt guard or a notched, combat-style grip. It also does not include a switchblade or double-edge blade. K.H. v. State of Florida, 29 So.3d 426 (2010).
Florida law, and in particular § 790.06, provides that a person may be licensed to carry concealed weapons or concealed firearms. This section also lists the numerous locations where a licensed person may not carry a weapon. Among these locations are any school, to include elementary and secondary schools, as well as colleges. An exception exists as to colleges and universities if the licensee is a registered student, employee or faculty member. Establishments licensed to dispense alcoholic beverages for consumption on the premises are also prohibited locations.
Critical Dimensions:
Knife owners should presume that the maximum blade length of a common pocketknife is four inches (4″
because of conflicting or unclear decisions of the Florida courts.Statewide Preemption:
Yes, but only if licensed under F.S.A. § 790.06(15).
§ 790.25, pertaining to lawful ownership, possession, and use of firearms and other weapons, permits a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. This act provides that it supersedes any conflicting law, ordinance, or regulation.
Tim the Wizard
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In many areas of Florida, it would be unlikely for a sheath knife to draw any attention if you were going about it in a way that did not call attention to a very large knife.
"Common pocket-knife" is undefined. Lots of people around here have highly visible pocket clips of blades with various sizes. I expect what is common and not common becomes more important if you use a knife on someone or start climbing fences on private property. Which is to say, it is a tool of the law should the law require one to be used but it is otherwise latent.
"Common pocket-knife" is undefined. Lots of people around here have highly visible pocket clips of blades with various sizes. I expect what is common and not common becomes more important if you use a knife on someone or start climbing fences on private property. Which is to say, it is a tool of the law should the law require one to be used but it is otherwise latent.
Tim the Wizard
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Re: Open Carry
790.053 Open carrying of weapons.
(1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.
(2) A person may openly carry, for purposes of lawful self-defense:
(a) A self-defense chemical spray.
(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
(3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
So it looks like you can carry a sheath knife, but you can't conceal it
790.053 Open carrying of weapons.
(1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense.
(2) A person may openly carry, for purposes of lawful self-defense:
(a) A self-defense chemical spray.
(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
(3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
So it looks like you can carry a sheath knife, but you can't conceal it
Mistwalker
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Not sure on the laws...but I was in south Florida when I did the tests and evaluation of the Ken Onion designed Redemption, which has a 10 inch blade, out in the swamps for Tactical Knives Magazine in 2012. I didn't go to jail or get in trouble when I walked into a Starbucks during an afternoon storm, soaking wet, and wearing that knife and knee high snake boots, but it sure got quiet in there
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Not sure on the laws...but I was in south Florida when I did the tests and evaluation of the Ken Onion designed Redemption, which has a 10 inch blade, out in the swamps for Tactical Knives Magazine in 2012. I didn't go to jail or get in trouble when I walked into a Starbucks during an afternoon storm, soaking wet, and wearing that knife and knee high snake boots, but it sure got quiet in there
I've been on a support call for almost 6 hours. I REALLY needed that visual and laugh! Thanks
Mistwalker
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Glad I could help
It was pretty therapeutic for me at the time too. We had at first gone down for a couple of weeks of much needed vacation over on Treasure Island. And to spend some time with my father in the retirement home he was living in. At the end of the two weeks I had thought about staying a little longer, then the nurse told me if I left then, it would probably be the last time I saw my father alive. Which confused me considering he was still getting around ok, and didn't appear to be in any real pain. The nurse said that he wasn't sharing the whole situation with me. So, since I can work pretty much anywhere I can find secluded uninhabited woods or wet areas, I decided to stick around for a while. I had been there for about five weeks, working from the early morning till the afternoon storms came in, then cleaning up and going to hang out with my father until he fell asleep in the evening. It had been a really somber few weeks for me. Seeing the looks on all of their faces, as if I were a character from some horror movie come to life, was the first thing that had made me laugh in a while. That Starbucks was right across the street from the hotel I was staying at, and I had been there pretty much every morning to get coffee since I had been there. I had talked to Ken, the manager a good bit and he knew what kind of work I do. It didn't even phase him. I asked him what was up, you'd think they had never seen a guy come in out of the rain before. He said "well...I think that big knife on your side and those high boots isn't helping" and just smiled.
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Heh Heh, That IS a fine visual!!Not sure on the laws...but I was in south Florida when I did the tests and evaluation of the Ken Onion designed Redemption, which has a 10 inch blade, out in the swamps for Tactical Knives Magazine in 2012. I didn't go to jail or get in trouble when I walked into a Starbucks during an afternoon storm, soaking wet, and wearing that knife and knee high snake boots, but it sure got quiet in there
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I guess it really depends on what part of Florida? It's such an eclectic state. From the beach to the backwoods. I can literally go from the beach to barn country in under 20 minutes. There, you can regularly find individuals sporting a Rambo rig at the local shops. It's pretty funny.
Just don't go running down the beach with your Duke dangling between your Speedo and you'll be fine.
Just don't go running down the beach with your Duke dangling between your Speedo and you'll be fine.
Tim the Wizard
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Just don't go running down the beach with your Duke dangling between your Speedo and you'll be fine.
Probably best to keep it in your hand or clenched between your teeth.