- Joined
- May 28, 2007
- Messages
- 78
Had someone ask me what the law is on pocket knife carry in Florida. Florida Statutes 790.001, paragraph 13 defines what a weapon is:
(13) "Weapon" means any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife.
Now, the question is what is considered a common pocket knife? That is an interesting question. As many things in the law, the answer isn't always clear cut.The question centers on whether the knife is "common" or "uncommon".
There are several legal precedents in this area:
1. In one case, the court held that a knife that was 8.5 inches long with a 3.75 inch blade was a common pocket knife as a matter of law (no question of fact for the jury to consider). The court relied on a Florida Attorney General Opinion stating that a folding knife with a blade 4 inches or less is a common pocket knife.
2. In another case however, the court determined that another type of knife similar in size was not a "common pocket knife". The Third District has since distinguished L.B. in J.D.L.R. v. State, 701 So.2d 626, 627 (Fla. 3d DCA 1997), holding that a knife with a three-and-one-half inch blade was not a "common" pocketknife because it had "a notched combat-style grip and large metal hilt guard (to prevent the user's fingers from sliding onto the blade)." It appears from this decision, that the more "tactical" your knife looks the less likely it will be considered to be a "common" pocket knife, despite its size.
Sometimes, depending on the facts of the case, the decision as to whether or not a knife is a "common" pocket knife and exempt from the definition of a weapon depends on the knife, how it is carried, how it was used, etc. Questions of facts are always decided by juries (or should be) and not a judge. Below are some other case examples of cases involvingcarrying of knives in Florida. These are excerpts from the actual appellate opinions.
Whether pocketknife carried by defendant charged with possession of a weapon by a convicted felon was a weapon was a question for the jury, although blade was under four inches in length, where knife was carried in its open position. Porter v. State, App. 5 Dist., 798 So.2d 855 (2001). Weapons Key 17(5)
Pocketknife with a two to three inch long blade can be a "dangerous weapon" for purposes of the stop and frisk law, even though such a pocketknife is not considered a weapon within meaning of chapter dealing with permitting and licensing for carrying of concealed weapons. Dobson v. State, App. 4 Dist., 737 So.2d 590 (1999). Arrest Key 63.5(8)
Eight-and-one-half inch folding knife with a three-and-three-quarter inch blade was a "common pocketknife" as a matter of law, and thus, exempt from statutory definition of weapon. R.L.S. v. State, App. 2 Dist., 732 So.2d 39 (1999). Weapons Key 4
Determination of whether knife, that had two inches blade and was attached to a key chain with a fingernail clipper and a bottle opener, was a common pocketknife and exempt from definition of weapon, or was an uncommon knife that met weapon criteria, was required from trial court in adjudication of juvenile as delinquent for possession a weapon on school property. R.L.S. v. State, App. 2 Dist., 732 So.2d 39 (1999). Infants Key 153. (In this case, since there was no picture of the knife for the appellate court to consider, the appellate court sent the case back to the trial court for a judicial determination as to whether or not this kid's nail file with knife was a "weapon" under the statute.
Evidence that defendant carried open folding knife with blade that was approximately four inches long, and that knife had overall length of approximately nine inches, presented question for jury on whether knife was "weapon" for purposes of concealed weapon charge or was "common pocketknife" within statutory exception to definition of weapon. Walls v. State, App. 1 Dist., 730 So.2d 294 (1999), rehearing denied. Weapons Key 17(5)
Any per se rule that a knife falls within a "common pocketknife" exception to the statutory definition of a "weapon" may be invoked only by a defendant who establishes conclusively that the knife in question has a blade length of four inches or less and that it was carried in the common manner of having the blade in the folded position. Walls v. State, App. 1 Dist., 730 So.2d 294 (1999), rehearing denied. Weapons Key 17(2)
Folders vs. Fixed Blade: The court doesn't consider the question of whether it is a folder or not, locking blade or not, but more than likely a non folding knife will likely not be considered a common pocket knife.
Questions? email me from SealMyRecord.com. No charge to answer my knife buddies' questions.
Nick
(13) "Weapon" means any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife.
Now, the question is what is considered a common pocket knife? That is an interesting question. As many things in the law, the answer isn't always clear cut.The question centers on whether the knife is "common" or "uncommon".
There are several legal precedents in this area:
1. In one case, the court held that a knife that was 8.5 inches long with a 3.75 inch blade was a common pocket knife as a matter of law (no question of fact for the jury to consider). The court relied on a Florida Attorney General Opinion stating that a folding knife with a blade 4 inches or less is a common pocket knife.
2. In another case however, the court determined that another type of knife similar in size was not a "common pocket knife". The Third District has since distinguished L.B. in J.D.L.R. v. State, 701 So.2d 626, 627 (Fla. 3d DCA 1997), holding that a knife with a three-and-one-half inch blade was not a "common" pocketknife because it had "a notched combat-style grip and large metal hilt guard (to prevent the user's fingers from sliding onto the blade)." It appears from this decision, that the more "tactical" your knife looks the less likely it will be considered to be a "common" pocket knife, despite its size.
Sometimes, depending on the facts of the case, the decision as to whether or not a knife is a "common" pocket knife and exempt from the definition of a weapon depends on the knife, how it is carried, how it was used, etc. Questions of facts are always decided by juries (or should be) and not a judge. Below are some other case examples of cases involvingcarrying of knives in Florida. These are excerpts from the actual appellate opinions.
Whether pocketknife carried by defendant charged with possession of a weapon by a convicted felon was a weapon was a question for the jury, although blade was under four inches in length, where knife was carried in its open position. Porter v. State, App. 5 Dist., 798 So.2d 855 (2001). Weapons Key 17(5)
Pocketknife with a two to three inch long blade can be a "dangerous weapon" for purposes of the stop and frisk law, even though such a pocketknife is not considered a weapon within meaning of chapter dealing with permitting and licensing for carrying of concealed weapons. Dobson v. State, App. 4 Dist., 737 So.2d 590 (1999). Arrest Key 63.5(8)
Eight-and-one-half inch folding knife with a three-and-three-quarter inch blade was a "common pocketknife" as a matter of law, and thus, exempt from statutory definition of weapon. R.L.S. v. State, App. 2 Dist., 732 So.2d 39 (1999). Weapons Key 4
Determination of whether knife, that had two inches blade and was attached to a key chain with a fingernail clipper and a bottle opener, was a common pocketknife and exempt from definition of weapon, or was an uncommon knife that met weapon criteria, was required from trial court in adjudication of juvenile as delinquent for possession a weapon on school property. R.L.S. v. State, App. 2 Dist., 732 So.2d 39 (1999). Infants Key 153. (In this case, since there was no picture of the knife for the appellate court to consider, the appellate court sent the case back to the trial court for a judicial determination as to whether or not this kid's nail file with knife was a "weapon" under the statute.
Evidence that defendant carried open folding knife with blade that was approximately four inches long, and that knife had overall length of approximately nine inches, presented question for jury on whether knife was "weapon" for purposes of concealed weapon charge or was "common pocketknife" within statutory exception to definition of weapon. Walls v. State, App. 1 Dist., 730 So.2d 294 (1999), rehearing denied. Weapons Key 17(5)
Any per se rule that a knife falls within a "common pocketknife" exception to the statutory definition of a "weapon" may be invoked only by a defendant who establishes conclusively that the knife in question has a blade length of four inches or less and that it was carried in the common manner of having the blade in the folded position. Walls v. State, App. 1 Dist., 730 So.2d 294 (1999), rehearing denied. Weapons Key 17(2)
Folders vs. Fixed Blade: The court doesn't consider the question of whether it is a folder or not, locking blade or not, but more than likely a non folding knife will likely not be considered a common pocket knife.
Questions? email me from SealMyRecord.com. No charge to answer my knife buddies' questions.
Nick