Define ordinary

V

Vlade

Joined
Feb 8, 2020
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Under Florida law it's against the law to carry a knife other than an ordinary pocket knife. What is an ordinary pocket knife? Let me know if you could figure this out. Because I can not.
 
Yeah Rich,
I guess it all depends on how you handle yourself around the police. Respect goes a long way. Now if you are a wise guy and a smartass . Well... That's the best I got it figured.
 
Florida law (790.001) says "common pocket knife," not "ordinary."

Porter vs. State, 2001 established that folding knives with blades less 4" are considered common pocket knives. However, knives that have features suggesting they are designed to be used as a weapon, such as serrations, a notched grip, hilt guard, and locking mechanism, could make them run afoul of this even if they are less than 4" (F.R. vs State, 2012). A box cutter or razor knife is definitely considered common (Holley v. State, 2004). Possessing a knife while committing a violent crime, even if the knife isn't used, could make it no longer a common pocket knife (Mims v. State).
 
Vlade said:
Under Florida law it's against the law to carry a knife other than an ordinary pocket knife. What is an ordinary pocket knife? Let me know if you could figure this out. Because I can not.
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Where are you getting your information
 
I thought I read it in a Florida statutes but apparently I was wrong. I probably read it somewhere I took it for a gospel but thanks for clearing that mess up
 
The real kicker in FL is that knives are not preempted so the law is what ever every little town says it is. Knives are covered by 790.33, only firearms are covered.
I've always found it interesting that the rest of 790 covers "weapons" while 790.33 explicitly says firearms and ammunition.
 
Rich S said:
It's whatever the officer decides is not ordinary.
Rich
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Its not up to the officer. I mean it is whether he charges you, but prosecution is up to the prosecutor/AG for interpretation.
But I agree it is up for interpretation (likely on purpose) be being written in broad terms like that.
 
glistam said:
Florida law (790.001) says "common pocket knife," not "ordinary."

Porter vs. State, 2001 established that folding knives with blades less 4" are considered common pocket knives. However, knives that have features suggesting they are designed to be used as a weapon, such as serrations, a notched grip, hilt guard, and locking mechanism, could make them run afoul of this even if they are less than 4" (F.R. vs State, 2012). A box cutter or razor knife is definitely considered common (Holley v. State, 2004). Possessing a knife while committing a violent crime, even if the knife isn't used, could make it no longer a common pocket knife (Mims v. State).
Click to expand...
Strange that safety features suggest a knife is designed to be used as a weapon. :confused: And serrations...really?
Most box cutters have a locking mechanism and some even have a notched grip. :rolleyes:
 
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