Florida knife laws

[Isak the viking]

I heard from a friend of mine that visible fixed blades 7in and under are legal here in Florida. Does anyone have more information on this? Does this apply to minors too? I'm thinking of upgrading to a larger knife and I want to be sure its legal.

 

[wishin]

Welcome to THR. It depends on your FL location. Go here:

http://www.handgunlaw.us/documents/USKnife.pdf

 

[Isak the viking]

Thanks

 

[Japle]

As a general rule, unless you're charged with a crime, you can carry just about any common knife in Florida and the cops won't bother you.
If you're charged, there's a fair chance that they'll add "aggravated" or "armed" to the charge. Depends on the DA.

That's just based on my personal experience.

I was doing computer work for a Municipal Court Judge several years ago in her chambers. She had let me in the back door, so I didn't go through the metal detectors. Her baliff and a Deputy were yacking with me while I worked. They both saw the 3 1/2" folding knife I used to trim cable ties. Neither one said anything about it.

I had a similar experience with a "resource officer" (cop) at the school where my wife teaches. He walked in while I was breaking into a locked filing caninet after school. (One of the kids had puched the lock button and no one had the key.) We discussed my B&E methods while I used my pocket knife to fish out the parts of the lock so they wouldn't jam the drawers.

If you're polite and not causing any trouble, you probably won't have any problems.

 

[Extremely Pro Gun]

Knife laws are ridiculous. Just like most ****ing laws nowadays. I am thrilled that the Texas legislature is only in session for a fraction of the time.

 

[Isak the viking]

I'm planning on getting a giant pig sticker, kbar or the current marine knife. It'll most likely sit on my desk but I want to know i can carry and use it if i need to

 

[Sebastian the Ibis]

You probably want to read Chapter 790 and the related statutes available here:
http://www.leg.state.fl.us/STATUTES/

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.
(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.
-- Nothing about knives here,

790.10 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.

 

[Buck Snort]

Strange as it may seem, here in the PRC there's NO LIMIT on the size of a knife that is openly carried. I'm guess'n this is because none of the fellow travellers in the state legislature is aware of the situation.

 

[Sebastian the Ibis]

Buck Snort

I'm 95% sure that there is no inch limit here either but I'm not doing the research to give an opinion.

 

[Isak the viking]

Wait a minute, I can carry my sword (Medieval reanactor) as a self defence weapon legally as long as I don't make an ass of myself!? The local mall security is going to have a really strange saturday night. And thanks sebastian, those statutes were exactly what I needed.

 

[wishin]

As I understand it, there are some cities in FL that do not allow any knife carry, open or concealed. Is there a state preemption law?

 

[shockwave]

Wait a minute, I can carry my sword (Medieval reanactor) as a self defence weapon legally as long as I don't make an ass of myself!? The local mall security is going to have a really strange saturday night.

Hold on a moment. When you say, "as long as I don't make an ass of myself" you have grasped the entirety of the law. According to the statute, you are allowed to carry your sword or swords wherever and whenever you like. When I go to sword class, I carry two plus a jo in a Hanwei case. The case has both hand and shoulder straps. Thus, I can sling these over my back and go where I like.

There are several malls in my city in Florida that have sword and knife stores. Now, if you were to purchase a sword, mall security would not give you trouble as you carried it out to your car. What the law does say is that you cannot brandish the sword. Sometimes my class meets in a park and we practice with them openly. That's legal. If a passerby pauses to watch, no problem. If one of us turns and points a sword at the person, illegal.

 

[Isak the viking]

Which group are you part of shockwave? My school also has a reenactment group. Any affiliation with Adrian Empire?

 

[Sebastian the Ibis]

Is there a state preemption law?

Yes, s 790.33 Fla. Stat., unambiguously preempts municipal laws, but only with respect to firearms and ammunition.

If you want preemption for carrying a knife, I believe you will have to have a concealed weapons permit and rely on:

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). Such licenses shall be valid throughout the state for a period of 7 years from the date of issuance. Any person in compliance with the terms of such license may carry a concealed weapon or concealed firearm notwithstanding the provisions of s. 790.01. The licensee must carry the license,...

The problem with this is that there is an ambiguity in the statute. If you read the Statute as saying you "may carry" than the state law trumps municipal ordinances to the contrary, however if you read the statute as "you may carry notwithstanding the provisions of s. 790.01" then the state law does not allow you to carry despite a municipal ordinance.

Realistically I don't think it really matters, the few municipal ordinances I looked up after reading wishin's list say that you may not carry a weapon at a parade or demonstration after a policeman tells you to stop. If a policeman tells you to stop anything, you better do it anyway or get arrested, see e.g. http://www.youtube.com/watch?v=DKzojYvXn20