Overview of Florida Knife Laws
Navigating the winding and sometimes murky waters of knife laws can be a complex process. For anyone in the state of Florida – newcomers or established residents – it is critical to have an understanding of the legal parameters surrounding knives. The following passages will present an overview of the laws regarding blade length in the sunshine state, including certain regulations encompassing switchblades and other common knives. Florida knife laws are complex and often seem to change from jurisdiction to jurisdiction, so seeking the assistance of an experienced professional in your area will always help to avoid future legal complications .
The real strength of Florida’s knife laws lies in their affirmative language. Knife possession is neither illegal nor restricted. Generally, the only prohibitions involve concealed carrying, and the ban on knives with blades in excess of four inches. This means that knife carriers in the state of Florida do not need to worry about being arrested for carrying any specific type of knife. While possessing certain knives may result in a misdemeanor or felony charge for other individuals in the country, Floridians can take solace in the fact that knife laws in their state are among the most lenient in the United States.
Knife Length Legality
Florida laws govern not just the type of knives that are legal, but also their length. For instance, a standard pocket knife knife is legal to carry in Florida but a switchblade knife is illegal to carry. Laws also govern the length of knives that you can legally carry. An example of this would be an ordinary belt buckle knife – this is legal since it is not longer than 4 inches, but a belt buckle sword is illegal to carry. How do law enforcement know whether a belt buckle knife or sword is legal or illegal? Well, they ask you to open it up and measure it.
So how do you measure the length of the knife? This really applies to the width of the knife blade. The 2010 Florida Statute defines a dirk as a "’Dirk’ is a type of knife with a blade that may be used for stabbing straight along its length depending on the grip, hence the term ‘dirk.’" The statute goes on to say that, "Dirks having blades more than 4 inches in length are illegal to carry concealed or unconcealed. Only miniature versions of the ‘dirk,’ with blades less than those that exceed 4 inches in length are permitted to be concealed under Florida statutes." The statute specifies that it is the cutting edge of a dirk that is measured, not the entire length of the knife.
Concealment and Knife Length
In addition to the laws regarding concealed knives, there may also be relevant laws regarding concealed firearms. Depending on the type of knife you’re concealing, you may find that your knife falls under these laws. If you are carrying a knife in a sheath that’s worn openly, regardless of size, it’s lawful. You then have the right under Fla. Stat. § 790.01 to carry a concealed knife so long as you have obtained a Florida license to carry a concealed weapon or firearm.
Essentially, your authorization to carry a concealed knife and your concealed carry gun license are the same. A gun license permits you to carry both knives and guns concealed. To obtain the license, you must apply to the Florida Department of Agriculture and Consumer Services or the Department of Legal Affairs. You’ll need to provide fingerprints and proof you met the requirements for getting the concealed carry permit in the first place, and demonstrate you have competency with any of the weapons of interest.
Your permitted weapons may include knives that fall under the laws of Fla. Stat. § 790.001. This statute regulates concealed weapons. To apply for the permit to carry a concealed weapon or firearm, you’ll submit a signed application, a four inch by five inch photograph, prints, a copy of the certificate of proficiency, and a payment Notably, unlike openly carried weapons, concealed weapons require that you obtain a license.
As mentioned above, this also now includes knives. If your permit turns out to be for a concealed firearm or knife outside of the clearly laid out weapons, as noted in Fla. Stat. § 790.06 (2)(a) or (12), then you potentially could face prosecution for carrying concealed weapons.
Exceptions and Provisions
Professional Exemptions: There are two exemptions for specific professions that allow for the possession of larger knives. The first one is for full-time law enforcement officers, and the second exemption is for holders of a license to carry firearms under Chapter 790 of the Florida Statutes. These categories are not exempt from the criminal battery statute, however, if these professionals use their knives in a way that is consistent with their jobs, they will not be charged with carrying a concealed weapon for concealment of their large knife. This is not the case for a layperson, who cannot carry a concealed knife larger than four inches under state law.
Penalties: The penalty for possessing a large knife can be a third degree felony , charges for which are pursued vigorously by the state of Florida due to the potentially dangerous nature of these weapons. To be charged as a third degree felony under this section of Florida state law, a person needs to be 18 years of age or older, be in possession of a knife with a blade greater than four inches, and be a previously convicted felon. The state will probably charge a person with a lower grade of felony, such as a first or second-degree felony, but they may plead them down to a third degree felony. By pledging down to a third degree felony, the state is trying to save court costs that might arise if a jury trial occurs.
Penalties for Knife Violations
Violation of Florida knife laws can result in various legal consequences, depending on the circumstances of the violation and the intent of the alleged offender. Because most Florida knife laws relate to the carrying of knives, the main policies behind America’s knife laws relate to self-defense or potential attacks. As such, it is typically necessary for law enforcement to provide proof that particular individuals hid their knives from view and/or concealed their knives with the purpose of committing a crime that involved using their knives.
Unfortunately, Florida carries a felony first degree conviction for concealing a knife and possessing the knife with the intent of committing an "aggravated assault." An aggravated assault is one that involves the alleged offender intending to commit a battery or carrying the knife "with intent to do some physical harm to another." The penalty for this concealed carrying of a knife is up to thirty years in prison. This means that a jury of one’s peers would have to determine that a knife was concealed, and that the concealment was done with the intent to commit a crime involving that knife. Understandably, because these punishments are so high, the state of Florida takes these allegations of knife violations very seriously.
These offenses are considered felonies and more severe than misdemeanors. In addition to prison sentences, convicted felons also face heavy fines, and will usually be required to serve their terms without parole, which means the convicted felon will remain in prison until he or she has completely served out their sentence.
However, if an individual is able to prove that his or her possession of a knife falls into one of the exemptions discussed in the "When Do Knife Length Laws Apply?" section of this article, the penalty for violating knife laws is mitigated or avoided altogether.
Guidance for Knife Possession in Florida
Stay Informed: Given that knife laws and regulations can be nuanced and subject to change, it’s crucial for knife owners and enthusiasts to stay up-to-date on relevant legislation and amendments. Regularly consult state websites, or even subscribe to alerts from local law enforcement or municipal offices, to ensure you’re aware of current legislation in your area.
Secure Permits and Licenses: Certain knives, such as switchblades, butterfly knives, or concealed carry knives, may have requirements under state law for permits or licenses. Understand which ones require documentation and what the application process is, if needed .
Responsible Ownership: Beyond legal compliance, responsible knife ownership is essential. Always handle knives with care and teaching others who may handle your knives, such as children, the importance of safety. Consider investing in safe storage solutions, like a knife block or sheath, and avoid displaying knives in a way that may attract unwanted attention from friends or guests.
Educate Yourself: The laws will only indicate what is prohibited; there are a multitude of grey areas around knife ownership that could lead to unfortunate legal entanglements. Read up on local knife laws and what they mean. Be aware of locations that restrict knife carry, such as schools or government buildings.