Florida "Common Pocket knife" opinions.

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Killtation

Joined
Apr 3, 2013
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Here in Florida we have some of the vaguest knife laws out there. Some point are made clear and precise such as: No balisongs or "butterfly knives", No Gravity knives (The definition of which is stated clearly but can still be up to interpretation by local LEOs), and no Automatics or Ballistic knives.

So basically aside from those one can carry a "Common Pocket knife with a blade length of less than four inches" The definition of "common pocket knife" is really left up to opinion.

I will soon be receiving a Cold Steel Recon 1 (Drop point, partially serrated) in a trade. In my most honest opinion I do consider this a common pocket knife.

I'm here to ask if my fellow members of the forum disagree and think that this particular carry would possibly get me in trouble.

I was once stopped and asked if i could be searched... I was tired after a long walk and really didn't feel like the fallout that comes along with exercising my right to refuse a search so i gave consent.
At that time my current EDC was a Cold Steel Scimitar. (Picture below) The cop examined the knife, opened it, closed it, placed it on the hood of his squad car and..... COMPLIMENTED ME. This is a wicked looking "fighting" knife with a 4 inch curved blade. Point being, it is all up to interpretation. I've examined previous cases in FL history pertaining to knives and have a much better understanding but still want to know what my fellow BF members think.

-Church
 
I'm not a lawyer. My opinion is a common pocket knife is indeed open to interpretation, which I think is wise, but your behavior and your appearance will matter most.

And by the way, I don't find any restriction on blade length; however, that would be a factor in the interpretation of common or not.

Also, be aware local laws may be more restrictive than the state's.
 
I'm in Florida. I'm of the school that if you are not sure whether a knife is or isn't a 'common pocketknife'....don't carry it to avoid potential problems with 'the law'.
 
Can you get a concealed weapons permit? I believe that covers any knife in FL for carry. I also thought FL had open carry of almost any knife? I am asking more than anything else. My friend moved there and as a former NYPD Captain and knife person he checked the law. He had said the concealed weapons permit covered all knives ( even switchblades) and open carry of all knives was legal ( except true ballistic knives). If you can post the law? Thanks !

This is the law I saw:

http://knife-expert.com/fl.txt
 
The following I know to be true and can be determined by reading the statutes 790.001 and 790.01

Open carry of all knives is legal.
Possession of a concealed weapon permit makes concealed carry of all knives legal. Without a permit only common pocket knives or eating utensils can be carried concealed.

"Common pocketknife" has no definition and is subject to interpretation.

There is caselaw on the books regarding this lack of definition. In L.B. v State, a defendant was convicted of carrying a 3.5" knife. The appeals court reversed and declared the law "void for vagueness." The second appeal overturned this "void for vagueness" declaration (using really stupid logic if you ask me), but did declare that a folding knife with a blade less than 4 inches is reasonably considered a common pocket knife, and thereby the defendant was still innocent of any crime.
http://www.law.fsu.edu/library/flsupct/89424/op-89424.pdf

The Cold Steel Scimitar teeters dangerously on that edge of the legal test, being 4" long and styled after a sword. If one did not have a concealed carry permit, it would be considered risky to carry this in Florida if one is engaged in criminal behavior or is prone to acting in a suspicious manner that might lead a LEO to even make contact in the first place. The last bit is stated because I've been reviewing case law and police reports on knife arrests for over a decade, and 99.99999% of police contact is for that reason.
 
I agree that the Fla knife laws are confusing at best. I can buy D/A autos, leverlocks, switchblades and OTF's at flea markets and bait shops here in the Clearwater area. I have even purchased a couple butterfly knives at a Gas station. None of these knives had a blade length over 4". The only time a store owner mentioned a CWP was when I bought a sword cane from him.
 
wazu013 said:
I agree that the Fla knife laws are confusing at best. I can buy D/A autos, leverlocks, switchblades and OTF's at flea markets and bait shops here in the Clearwater area. I have even purchased a couple butterfly knives at a Gas station. None of these knives had a blade length over 4". The only time a store owner mentioned a CWP was when I bought a sword cane from him.
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The law is about "carry," not "sale," "purchase," or "ownership."
 
It is true that you can open carry ANY fixed blade knife in the state of florida unless it conflicts with other laws, a couple examples being daggers with double edged blades and trench knives with brass knuckles.
Wazu, You make an excellent point. YESTERDAY i walked into a gas station and they had OTS autos, folders with brass knuckles, and balisongs for sale right on the counter.

There are no local city ordinances that conflict with the above state law and none that i have found that conflict with the pocket knife laws.

I am nineteen at the moment so I don't believe i can get a CCW permit. It is true, however, that a CCW would cover ANY KNIFE, folding or fixed, as long as it remains concealed. (I wonder if deep carry clips count as concealment...?)

Thanks for the input, everybody. I am glad I'm not the only confused one here and i did learn a couple things from your posts. Perhaps it's because i've carried the scimitar and tanto style blades with assisted action and knives made for fighting and such that I see the Recon 1 as such as average knife. I will carry this knife for i feel it can pass for legal if push comes to shove. Even doing so much as stripping the blade coating would make it look SO MUCH less aggressive and tactical. My goal is not to carry a tactical folder but i simply like large and heavy EDC blades.

Yes, it has a 4 inch blade but that is legal, the blade style is rather common, the handle is rather aggressive but the knife can't be opened excessively fast with one hand, It has a clip so it is not concealed, etc. etc.

Would you guys agree? would anybody else do the same?
 
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Killtation said:
Yes, it has a 4 inch blade but that is legal, the blade style is rather common, the handle is rather aggressive but the knife can't be opened excessively fast with one hand, It has a clip so it is not concealed, etc. etc.

Would you guys agree? would anybody else do the same?
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Well first, what was the ultimate outcome of that police stop? Did he take the knife from you? Ticket you? Arrest you? If you left that scene with your knife and without any repercussions, it's probably ok.

When it comes to very vague laws sometimes it's a matter of how much risk you're willing to accept. I'm quite a bit older than you and have carried things that are explicitly illegal in my state. I was never once stopped or searched, or even asked to be searched. Not once. My general conduct and lifestyle meant being searched was an extremely remote risk, thus I was willing to accept it. I tone it down now because I regularly pass through guard checkpoints in the course of my work, so the risk is no longer acceptable.
 
I'll just put this out there. From my experiences, it's held true. It'll be a legal knife in their eyes as long as they want it to be. I've had a cheapy walmart knife on me (before I really got into knives) and they confiscated it from me and told me never to carry knives like it again (it was a damn peaceful looking knife. I only used it for clamshell packaging and wittling). About 2 years ago I just got out of the car from dropping my mother off and I went to my garden to trim dead parts off my bean plant. I had a cop run up to me and threaten to shoot me because he said I ran from his car and he then proceeded to search me. I had a Husky carpenter knife (the ones with the attachable razors) and he was about to cuff me for no damn reason over it but my dad came out and cleared everything up (there was nothing to clear up, he just knew his BS wouldn't work)


TLDR - Carry at your own risk. Florida cops are crooked
 
CubeLW said:
I'll just put this out there. From my experiences, it's held true. It'll be a legal knife in their eyes as long as they want it to be. I've had a cheapy walmart knife on me (before I really got into knives) and they confiscated it from me and told me never to carry knives like it again (it was a damn peaceful looking knife. I only used it for clamshell packaging and wittling). About 2 years ago I just got out of the car from dropping my mother off and I went to my garden to trim dead parts off my bean plant. I had a cop run up to me and threaten to shoot me because he said I ran from his car and he then proceeded to search me. I had a Husky carpenter knife (the ones with the attachable razors) and he was about to cuff me for no damn reason over it but my dad came out and cleared everything up (there was nothing to clear up, he just knew his BS wouldn't work)




TLDR - Carry at your own risk. Florida cops are crooked
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Very good point. I could get one of the aforementioned crooked cops or even one that's a member of BF (probably not but you see my point). I'll stick to the Mini Recon 1 Clip Point.
 
Florida does not have a blade size limit. The case history is just that,, an interpretation it does not make it a law. Any knife can be open carried in Fl. But, because of the vague law it would depend a lot on the officer. A really big knife could be "interpreted" to be illegal because it's over kill for EDC. But an average size knife would be fine. It would also depend on where you live, a small town deputy might not think anything about it, but in one of the cities a cop might decide to question you about the same knife. There might be some crazy cops out there that are just in the job for there own ego trip & arrest you for some petty & stupid stuff. I used to work with a couple like that, there were way over the top gung ho & thought they were funny because they busted somebody for something any other cop would not have done.
 
I also live in Florida, the laws might be vague but over time I feel like its a pro to have them vague than having specific restrictions. I got stopped by police a few months ago with my friends and 3 of us had a knife. One benchmade flipper, an opinel #4, and on me I had a cold steel kudu (un-openable one handed for those who dont know, keep this in mind). The cop actually complimented my benchmade owning friend, opinel no comment on it, and for me the officer told me the knife was not "legal" without the cw permit. There might not be a written blade size law, but apparently its like a "rule" they generally use. Ever since that day I just carry under 4" bladed knives until I turn 21 and get my permit
 
Florida resident also; I enforce state codes, frequently vague, and very often interpreted differently from one jurisdiction to another. Just like knife laws and with the same answer, "it depends". Rural or urban, what do you look like, what are you doing and what is your attitude; unless the knife is extreme these factors are probably more important than the knife itself. Most law enforcement officers carry the same knives as we do so unless they perceive a problem they understand an EDC knife.

BTW I carry a Benchmade 710 every day all over the state 3.92" (?) . In my construction environment no one pays any attention; if I were going on a campus or downtown in a big city I would slip it to the bottom of my pocket or leave it in the car.

Tom
 
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The repeated key advice: If you are attracting attention you will get it.

Like a few here I believe, I have many more years behind me than in front. I was was a young guy once and tested limits like most guys. And often I was lucky enough to learn from others. So I know.

Don't test the law. Watch your appearance. Watch your behavior. If you are looking for trouble it will find you.
 
I read somewhere that if the knife looks "scary" or it looks tactical it can't be concealed without a CWP. I'm only 15, and I carry my Buck 285 everywhere with me and the top with the pocket clip always sticks out of the top of my pocket. No one seems to care, but I'm still cautious.
 
I think that a common pocket knife would be a pocket knife that could be bought locally at wally world...or maybe on the bay. In larger volume places. That seems common enough. Just in case it's not, you can get you a nice slip joint to carry!

If you were a cop in Florida, what would be a common pocket knife be to you? What would be beyond that in your opinion? How would you decide?
 
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