Fixed Blade Carry in FL

[UFMetalEng]

I know the FL knife laws are kind of nebulous, but what is the legality of carrying a small pocket fixed blade like the RAT Izula. I am in the process of getting my CCW, will that help?

 

[Josh Dabney]

My understanding is that a Fl. CCW permit allows the carry of any knife you choose as long as it is concealed. No pocket clips showing or anything else. Stop into your local gunshop and ask them questions reguarding CCW permit laws.

 

[mp510]

My understanding is that a Fl. CCW permit allows the carry of any knife you choose as long as it is concealed. No pocket clips showing or anything else. Stop into your local gunshop and ask them questions reguarding CCW permit laws.

Open carry of a handgun in florida is a misdomeanor. Without a permit, concealed carry of a handgunis a felony [790.01(2-3)]. Carrying other concealed weapons is a first degree misdomeanor, unless the carrier is properly licensed [790.01(1)and(3)]. If you have a concealed carry permit and choose to carry a handgun, in florida, it must be concealed or you could be hit with an open carry charge (unless you fall into one of the exemptions).



Section 790.053 regulates open carry of weapons. Specifically, this section makes it unlawful for a person to "openly carry on or about his or her person any firearm or electric weapon or device" except as except as provided otherwise in subsection 2. Subsection 2 specifically allows the open carry of "self defense chemical spray" and various stun, dart, or other"non-lethal electric weapon..." for lawful self defense purposes. 790.053 does not address any other weapons.


According to the definition provided in 790.001(3)(a) enumerates several weapons and also includes "other deadly weapon carried on or about a person...to conceal the weapon from the ordinary sight of another person." 790.001(13) includes in the definition of a "weapon" any knife except "a common pocket knife, plastic knife, or blunt bladed table knife."

Section 790.06(1) authorizes the Department of Agriculture and Consumer Services to issue a concealed weapon or firearm license. That section defines a concealed weapon or firearm as a "handgun, electronic weapon or device, tear gas gun, knife, or billie..." Specifically excluded from licensed concealed carry is a machine gun as defined by Florida law.

SO, in summation: Possessing a concealed weapons or firearms license would allow a person to, in Florida, carry a concealed fixed blade knife. Without such licensure it is illegal to carry a concealed fixed blade knife. Florida law does not prohibit open carrying a fixed blade knife, though it is wise to use a level of discretion in deciding when and when not to open carry if you choose to do that.

 

[zignal_zero]

FB OC - Legal
FB Concealed - permit required.


ETA - this only applies to STATE law, different cities have different ordinances! what's cool in a country town, like mine might be totally illegal in say Miami

 

[phi]

I might be going down there this spring for some outdoorsy stuff. How do the carry laws relate to state parks, national reserves, etc.

 

[M. McCord]

ETA - this only applies to STATE law, different cities have different ordinances!

I always thought state law overrode city ordinances. Which should be the case, as the whole idea was to give someone a set statewide standard to avoid being prosecuted in another part of the state for something legal in their part of the state.

Prior to laws passage in 87 CC permits were issued by the individual counties. People who were legal in say, Alachua county and carried down to Dade could find themselves prosecuted for violation of Dade county laws. The state sought a blanket law that covered everyone to avoid such prosecutions.

 

[zignal_zero]

I always thought state law overrode city ordinances. Which should be the case, as the whole idea was to give someone a set statewide standard to avoid being prosecuted in another part of the state for something legal in their part of the state.

Prior to laws passage in 87 CC permits were issued by the individual counties. People who were legal in say, Alachua county and carried down to Dade could find themselves prosecuted for violation of Dade county laws. The state sought a blanket law that covered everyone to avoid such prosecutions.

yeah, i wish that was the case too, but unfortunately it isn't

alot of municipalities simply issue civil citations for code violations, but there is a state statute under which you can make a misdemeanor arrest for code violations. this applies to ALOT of things, not sure if knives are one of them. drinking a beer while walking down the sidewalk is a common one. so is burning in your backyard.

 

[jdm61]

Firearms laws are exclusively a state thing in Florida now that the instant check effectively killed the local option 3 day waiting period rule. That rule never applied to people with a CCW permit. Judge Lowell Bray told me that Florida law seems to allow open carry of about any legal knife and the only knife that i know of that is completely illegal in Florida is a ballistic knife. Automatics are sold openly at gun shows and the only place I have ever seen that wouldn't sell them to "civilians" was a gun/police supply store in Tampa.

 

[jdm61]

yeah, i wish that was the case too, but unfortunately it isn't

alot of municipalities simply issue civil citations for code violations, but there is a state statute under which you can make a misdemeanor arrest for code violations. this applies to ALOT of things, not sure if knives are one of them. drinking a beer while walking down the sidewalk is a common one. so is burning in your backyard.

All ordinance violations in Florida can be considered "criminal" violations just like traffic violations. When you are charged with an ordinance violation, if you choose to go to court, you go to county court, which also handles misdemeanor cases and small claims civil cases.

 

[Liist]

The "common pocket knife" is quite ambiguous and confusing to me. I carry a Gerber Firestorm every day and I'm getting a folding Karambit soon.

The problem is that one can argue either way whether either knife is a "common pocket knife". Well they are pocket knives, but they can also be argued as weapons. Also, what would be considered "common"?

And OP, I'll be going to UF next fall!

 

[reelkeen]

The "common pocket knife" is quite ambiguous and confusing to me. I carry a Gerber Firestorm every day and I'm getting a folding Karambit soon.

The problem is that one can argue either way whether either knife is a "common pocket knife". Well they are pocket knives, but they can also be argued as weapons. Also, what would be considered "common"?

And OP, I'll be going to UF next fall!

Go Gators! I graduated last May from the building construction school.

I've always read if you have to question if it's a common pocket knife than it probably isn't.

I've never been questioned about my Leek or my CRKT M-16 folder. I carry both of them with the clip exposed.

 

[jdm61]

You might find yourself in a spot of trouble carrying a folding karambit in some parts of Florida. The definition of a "common pocket knife" is still up to the judge to some degree and at least one in South Florida has ruled that some kind of "tactical" folder does meet the definition. Gainesville is one of the last places that I would want to appear before a judge in such circumstances.

 

[Liist]

I guess you're right. Both of these pocket knives are questionable, especially the karambit. I guess I'll have to find a good pocket knife that is not mean-looking and has a 3" blade.

Lots of them out there, but they don't perform as well as the ones I have.

 

[zignal_zero]

All ordinance violations in Florida can be considered "criminal" violations just like traffic violations. When you are charged with an ordinance violation, if you choose to go to court, you go to county court, which also handles misdemeanor cases and small claims civil cases.

very few traffic INFRACTIONS are criminal when compared to the number of CIVIL traffic infractions. while civil traffic, criminal traffic, and misdemeanors are (generally) handled in the same court room. civil and criminal infractions are two entirely different beasts.

the huge difference is - a civil infraction is punishable only by a fine, whereas a criminal violation is punishable by incareration.

if you look on a UTC (uniform traffic citation) there's three boxes: one for civil infraction/no court appearance necessary, one for civil infraction/court appearance required, and one for criminal violation. things like speeding, careless driving, even open container are not criminal. they will only result in a fine.

this pertains to weapons, in the sense that it makes a really big difference whether the judicial district you're in considers city ordinance violations to be civil.