Statute 790.001 said:(13) "Weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife.
L. B. v. State said:In 1997, the Florida Supreme Court interpreted the meaning of the "common pocketknife" exception for the first time. In L. B. v. State, 700 So. 2d 370, 373 (per curiam), the court determined that a pocketknife with a blade of 3-3/4 inches "plainly falls within the statutory exception to the definition of 'weapon' found in section 790.001(13)."
In 1951, the Attorney General of Florida opined that a pocketknife with a blade of four inches in length or less was a 'common pocketknife.' The knife appellant carried, which had a 3-3/4-inch blade, clearly fell within this range
The NYC Administrative Code prohibits carrying visible knives unless you are actually using the knife, or are carrying it for specified recreational or occupational endeavors. This has been on the books since Koch but has been enforced with greater vigor recently. When you are stopped, and the cops check the knife, they can (and likely will) charge you with CPW if the knife can be flicked open (either by holding the handle or blade, per case law) since that qualified it under the statutory definition of a gravity knife.I'm told that in New York City it is an invitation to getting frisked, and if the COP can open your knife with one hand then you have an arrest and weapons charge to deal with.
NYC, Second the big NO NOexposed clip in NYC is a big no no.
You are absolutely right. I wish all states had preemptive knife laws.In other words, if you haven't figured it out by now, knife laws are even more arbitrary and fragmented than firearm laws, at least as far as I've figured.
Even so, I carry one standard folder (Gerber Paraframe), and one assisted opener (another Gerber, but looking to replace it.). I don't worry too much about where I go, and if I look like I'm going to be somewhere with security, I either ditch them somewhere recoverable, or (like I did at one amusement park) stashed the knives in the same pocket as my flashlight. Metal detector went crazy, I mention a metal flashlight, and get passed through.
Granted I never spent much time in cities until movie to San Antonio, so I never really worried about what I was carrying. (Try finding someone in rural America that doesn't have at least a knife.)
::EDIT:: I am thinking about getting a dark Kershaw Leek, as I had one I loved, and mostly wear dark colored clothes, so the clip would blend in better. That and I can get that sheath for it cheaply and easily.
You are absolutely right. I wish all states had preemptive knife laws.
IN NYC, a visible clip is enough to get you cited for the Admin code violation.No one person knows all the knife laws for all localities. It's simply not possible in the U.S. because cities all have their own knife laws. But I'm not aware of any place that has a rule about unconcealed knives and the knife clip makes it unconcealed.
I don't think that there are any folding knives in the world that couldn't be opened with one hand somehow. Even a Buck style with the heel lock can be opened one handed.When you are stopped, and the cops check the knife, they can (and likely will) charge you with CPW if the knife can be flicked open (either by holding the handle or blade, per case law) since that qualified it under the statutory definition of a gravity knife.