Open Carry sheathed sword in florida?

G

Genji

Joined
Aug 12, 2010
Messages
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Im not completly sure on the open carry knife laws because I haven't seen anything on legal length. I'm sure it would draw unwanted attention from police but this is one of the laws that I read.

Improper exhibition of dangerous weapons or firearms.--If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

So if I'm not using it in a rude, careless, angry, or threatening manner, then it shouldn't be illegal right? It seems simple enough but just seeing someone with a sword would cause most people to become uneasy and probably piss the police off.
 
what reason do you have to carry a sword that you don't think would be acceptable?

i can only think of a few instances where one would need to carry a sword in public, none of which i can see you being harassed for by any but the most dickheaded.
 
Genji said:
Im not completly sure on the open carry knife laws because I haven't seen anything on legal length. I'm sure it would draw unwanted attention from police but this is one of the laws that I read.

Improper exhibition of dangerous weapons or firearms.--If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

So if I'm not using it in a rude, careless, angry, or threatening manner, then it shouldn't be illegal right? It seems simple enough but just seeing someone with a sword would cause most people to become uneasy and probably piss the police off.
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The simple act of carrying a sword in public could be considered as being threatening by someone. And for that simple act, I would shy away from doing so. What need would you have to carry a sword in public anyway?
 
darth kcorbe said:
what reason do you have to carry a sword that you don't think would be acceptable?

i can only think of a few instances where one would need to carry a sword in public, none of which i can see you being harassed for by any but the most dickheaded.
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Not that it wouldn't be acceptable more like a potential threat thats the way the cops would see it, most people would be concerned if they saw a sword on someones side. Not to say that I would act in a way to make people feel worried its just there natural instinct, people rarely see someone with a sword in public.

I just think its a bit odd that it would be legal to carry a sword but you cant conceal a knife thats 5in when most swords more than 20in. About needing it, I would only take it with me at night if I was walking on the street since I'm 18 and cannot legally have a pistol. I think just seeing a sword on someones side would ward off most people without having to hurt someone, if having this kept away the people that like to start shit without me even having to draw a weapon then thats all i need, I just needed to know if its legal because when someone has a sword its only used for one thing unlike a knife that could be used for things other than just defense.

Also theres the fact that if I had to use it and I was in court over it they could say that the person attacking me was less of a threat than the sword I was using. Compare a sword to a knife and its just no comparison you could cut there arm off from 2 feet away.
 
While carrying a sword routinely and peacefully appears to be legal, and self-defense is almost certainly perfectly legal in Florida, I'm quite certain that the SWAT Team that surrounds the teenager walking at night with a sword that he intends to use as a weapon _for any reason_ will not care about those things. Here in California it's definitely legal to openly carry a sword for self defense in most places, but I would certainly not do so unless I had a burning desire to commit suicide by cop, and I'm not a young guy either.

You'd really be better off with _anything_ else, even illegally carrying a pistol, but if you must go through with your idea, I certainly hope you have rich parents with really good health care. I'm sure this goes against the lies you were told by a government employee in a government school, and I'm sorry to disillusion you, but the law doesn't matter at all on the street. It only applies during your trial (if you survive to reach one), and even then it only matters if you can afford a good lawyer.
 
it's legal, that should be all that matters. for way too long, alot of people have allowed authorities to intimidate them into refraining from a perfectly legal activity that they want to enjoy. that needs to stop. if you are going to carry a sword, carry a voice recorder also. ask if you are being detained! ask what law have you broken!

i was on duty, years ago, and saw a group of youngsters walking down the street. the oldest one (about 18) was dressed like it was 1500's in Europe and had a big Claymore attached to his hip. i approached and said "hey, man, how you doing?" he stopped to talk to me (totally consentual encounter, no detainment). i asked what they were up to, today, and he said they were just out walking and enjoying the nice weather. then i said "so.... uh.... what's up with the sword, man?" and he says something to the effect of "i thought it would be nice to turn back the clock a little and outfit looks more authentic with the sword". i said "cool, aight, well be safe and don't chop anyone up ok?" the next day, i asked my Lt. about it. he said he was very happy with the way i handled it because i had no R.S. to detain and doing so would've been illegal. so, my point is - there are some of us left who understand your right to do anything (legal) that you want whether or not we think it makes sense :)

ETA - you might wanna make baby steps. start openly carrying a small fixed blade, then a bowie, then a sword. kinda test the waters, a piece at a time, ya know.
 
In South Florida they would confiscate the weapon and take you in. That are the instructions they have been given. I have asked as I live down here. You can walk around with a Rajah closed in your belt but you can't with this. Other part is that it might hit the news and then cause new legislation.
 
zignal_zero makes a good argument: If it's legal, it's legal. And frankly the law seems rather clear that if you are not behaving in a threatening manner, it should not be in violation of the law (assuming no county city law where you live says otherwise).

His comment I think brings up an important point: Under ideal circumstances where you are non-threatening and the cop you meet is knowledgeable, the cop is still going to approach and talk to you. It's not unreasonable, he would be reacting like he should to something "out of place." If you're okay with being approached in this way a few times, then go ahead. But if your not very comfortable talking to the police or you are someone who comes across as aggressive or bull-headed when speaking with authority figures, I'd consider other options.

Also from a combat point of view, longer blade does not mean better combat effectiveness. Long blades give you range, but if a person gets inside a critical point, it's useless. And it also takes longer to draw a bigger blade from it's sheath. Swords were more often used to fight other swords, rather than other weapons. So maybe give some thought to a large fixed blade knife, an openly carried baton, or (my personal favorite) a decent hardwood walking stick.
 
zignal_zero said:
it's legal, that should be all that matters. for way too long, alot of people have allowed authorities to intimidate them into refraining from a perfectly legal activity that they want to enjoy. that needs to stop. if you are going to carry a sword, carry a voice recorder also. ask if you are being detained! ask what law have you broken!
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I agree, but what should be and what is are almost completely unrelated when it comes to the American legal system. If the original poster were a 90 year old multi-millionaire in failing health looking to be a test case, I'd certainly say "Go for it!" (Although I suspect that any DA would drop charges on a bogus case as soon as he realized that his intended victim could afford to defend himself.)

The voice recorder is an excellent idea in general. I carry a pocket video camera whenever I leave my apartment as a sort of emergency anti-cop device. Bear in mind, though, that cops have been increasingly likely in the past few years to arrest someone they see recording them (again regardless of what the laws actually are) because they know as well as anyone (better, probably) that video cameras are the only effective (non-suicidal) way of stopping them.
 
khagler said:
I agree, but what should be and what is are almost completely unrelated when it comes to the American legal system. If the original poster were a 90 year old multi-millionaire in failing health looking to be a test case, I'd certainly say "Go for it!" (Although I suspect that any DA would drop charges on a bogus case as soon as he realized that his intended victim could afford to defend himself.)

The voice recorder is an excellent idea in general. I carry a pocket video camera whenever I leave my apartment as a sort of emergency anti-cop device. Bear in mind, though, that cops have been increasingly likely in the past few years to arrest someone they see recording them (again regardless of what the laws actually are) because they know as well as anyone (better, probably) that video cameras are the only effective (non-suicidal) way of stopping them.
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In Massachusetts, recording the police during a LEO encounter would get you arrested and charged. Happened a few years ago in Randolph. Two openly gay men were stopped by the Randolph PD for a traffic infraction. The cops threatened to arrest them, laughed at them, uttered anti-gay slurs and threated to beat them up. One of the men recorded this harassment and notified the media. The media contacted the police for comment, the incident made the newspapers, and the police promptly charged both of them for unlawful recording. Check your state laws before attempting this.

As for CCW, keep whatever you carry completely concealed! Follow the examples of the FBI, Secret Service and other elite LE agencies. These special agents are always well dressed and well groomed. They keep their weapons completely concealed and go about their business without anyone taking notice of them. Valuable lessons here. Learn them and apply them. The less LEOs and sheeple see, the better.
 
This carrying of a sword 'just 'cause you can' reminds me of the currently in vogue activity of certain 2nd amendment supporters to get together and have dinner out, while openly carrying thier various pistols and hoglegs. Happens here in Michigan quite a bit.

Just as much brighter gun rights supporters are coming to the conclusion that such open public carry 'because one can' is actually making gun owners look bad (ridiculous, stupid, ect), I think we can come to the same conclusion in this knife and sword related idea of toting a large blade in public.
 
TOM1960 said:
In Massachusetts, recording the police during a LEO encounter would get you arrested and charged. Happened a few years ago in Randolph. Two openly gay men were stopped by the Randolph PD for a traffic infraction. The cops threatened to arrest them, laughed at them, uttered anti-gay slurs and threated to beat them up. One of the men recorded this harassment and notified the media. The media contacted the police for comment, the incident made the newspapers, and the police promptly charged both of them for unlawful recording. Check your state laws before attempting this.
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The only place it's currently illegal is Illinois (the law was changed in the 90s specifically to protect bad cops). That's moving away from knife laws, so I'll just recommend Google for details and point out that in this area, as with knife laws, the law doesn't matter on the street.
 
OldKnife007 said:
This carrying of a sword 'just 'cause you can' reminds me of the currently in vogue activity of certain 2nd amendment supporters to get together and have dinner out, while openly carrying thier various pistols and hoglegs. Happens here in Michigan quite a bit.

Just as much brighter gun rights supporters are coming to the conclusion that such open public carry 'because one can' is actually making gun owners look bad (ridiculous, stupid, ect), I think we can come to the same conclusion in this knife and sword related idea of toting a large blade in public.
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that's your opinion, alot of us feel just the opposite - the more people see armed humans doing normal things (buffet line, etc) without incident, the less they blame the hardware and the more they realize behavior is what needs to be legislated not equipment.

i was raised in small village in AK, i've seen firsthand what happens when everyone open carries..... nothing :)
 
technically legal might still incur expense before charges are dropped or you are released from custody.leos are not experts on every law and might let it be decided in court.
 
nagod said:
technically legal might still incur expense before charges are dropped or you are released from custody.leos are not experts on every law and might let it be decided in court.
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This is often a concern. However, said LEOs do so at the peril of their jobs and finances. In a famous Maryland case a county cop who arrested a guy for a technically legal knife was tried, convicted, and upheld on appeal in federal district court for deprivation of civil rights. See, while cops enjoy some immunity for suit, that immunity is void when they harass and/or arrest for things that are not crimes. The thing is, the arrestee has to bring the charges to bear; being ignorant of one's rights is what allows such behavior to persist. Ignorant LEOs will always be a burden to law abiding people, but if we stand up for ourselves, we can reduce that significantly.
 
Genji said:
Im not completly sure on the open carry knife laws because I haven't seen anything on legal length. I'm sure it would draw unwanted attention from police but this is one of the laws that I read.

Improper exhibition of dangerous weapons or firearms.--If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

So if I'm not using it in a rude, careless, angry, or threatening manner, then it shouldn't be illegal right? It seems simple enough but just seeing someone with a sword would cause most people to become uneasy and probably piss the police off.
Click to expand...

Don't be threatening and say it is for self defense (because the law is written that way) and your on good legal ground.

True story: I was walking and a cop stopped and asked what I was carrying a huge knife for. I replied because I just like knives and for self defense.
He said, they make pocket knives you know. I reply, I know I have one in my pocket too. I also have a cwp not that it pertains to my unconcealed knife (battle mistress) as it's clearly legal. But is needed for the Glock I have on my person at 4 O'clock. Suddenly my knives were not a big deal anymore. He left.

(I really just wanted to chop some stuff up, but that might not have sounded good.):D
 
you know the organized open carry outings they have (one poster referred to them), in states where OC is legal, but not yet widely accepted? i really wish someone would start organizing these, but for knives, in FL.

if any of you are in the West Central area of FL and would like to get together (5-10 of us preferably) and start all wearing large fixed blades and going places, i'd totally be down. i would love to (as a group) educate some LEO's and sheeple :D

i made mention of knives on opencarry.org but it didn't seem to get much attention.
 
zignal_zero said:
you know the organized open carry outings they have (one poster referred to them), in states where OC is legal, but not yet widely accepted? i really wish someone would start organizing these, but for knives, in FL.

if any of you are in the West Central area of FL and would like to get together (5-10 of us preferably) and start all wearing large fixed blades and going places, i'd totally be down. i would love to (as a group) educate some LEO's and sheeple :D

i made mention of knives on opencarry.org but it didn't seem to get much attention.
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I'm in, are you near Tampa?
 
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