- Joined
- Mar 19, 2007
- Messages
- 1
So I've done some deep digging to clarify that in Florida, a Conceal Carry Permit issued by the state, only supersedes local ordinance for Guns. For instance, the carry of switchblades in Miami Dade is illegal under current law.
This is straight from the City Attorney Office in Miami.
1. Unfortunately the City Attorneys Office cannot provide you, or any other citizen, with personal legal advice.
2. The general nature of your question makes it difficult to answer. All legal situations depend on the particular facts and circumstances of the incident.
3. Florida Statute 790.001(13) excepts common pocketknives from the definition of a weapon. Pursuant to the statute a knife is a weapon but a common pocketknife is not a weapon.
4. Florida case law is pretty clear that a switchblade is a weapon and not a common pocketknife.
5. Miami-Dade County Code Section 21-14 provides that a switch blade is a dangerous weapon and is prohibited in Miami-Dade County.
6. The penalty for carrying a switch blade knife in Miami-Dade County is six (6) months in jail and/or a $1000 fine for a first offense.
7. The county code does not provide an exemption for concealed weapons permit holders.
8. Florida Statutes § 790.33, as amended, preempts and declares null and void all local ordinances, administrative regulations and rules in the field of firearms and ammunition but does not address knives.
9. The best and only legal advice we can give you is to contact a private attorney for advice relating to the concealed carry on your person of a switch blade knife.
Link: County Code Sec. 21-14. - Dangerous weapons; penalty; trial court. <http://mandrillapp.com/track/click/...zU1ODQzMDM1NWYyYmYwNzEwZWFlMDIyY2Y0ZlwiXX0ifQ
This is straight from the City Attorney Office in Miami.
1. Unfortunately the City Attorneys Office cannot provide you, or any other citizen, with personal legal advice.
2. The general nature of your question makes it difficult to answer. All legal situations depend on the particular facts and circumstances of the incident.
3. Florida Statute 790.001(13) excepts common pocketknives from the definition of a weapon. Pursuant to the statute a knife is a weapon but a common pocketknife is not a weapon.
4. Florida case law is pretty clear that a switchblade is a weapon and not a common pocketknife.
5. Miami-Dade County Code Section 21-14 provides that a switch blade is a dangerous weapon and is prohibited in Miami-Dade County.
6. The penalty for carrying a switch blade knife in Miami-Dade County is six (6) months in jail and/or a $1000 fine for a first offense.
7. The county code does not provide an exemption for concealed weapons permit holders.
8. Florida Statutes § 790.33, as amended, preempts and declares null and void all local ordinances, administrative regulations and rules in the field of firearms and ammunition but does not address knives.
9. The best and only legal advice we can give you is to contact a private attorney for advice relating to the concealed carry on your person of a switch blade knife.
Link: County Code Sec. 21-14. - Dangerous weapons; penalty; trial court. <http://mandrillapp.com/track/click/...zU1ODQzMDM1NWYyYmYwNzEwZWFlMDIyY2Y0ZlwiXX0ifQ
