Legal in Florida?

I have Mr. Gutmacher's book, 6th Edition. I think it should be required reading for Florida CCW owners. It is excellent!

Pages 129-130 are dedicated to switchblade knife discussion. I will NOT type what he said. Go out and get the book and read it for yourself.

Again, it deals with Florida laws.
 
hello:
okay... i AM a lawyer and i DO practice criminal defense exclusively (i.e. i cross examine police officers on a weekly basis). i'm in my 20th year. the point is, i've read a statute or two regarding knives.

i practice in the mid atlantic (but grew up in fla and once applied for a concealed weapon carry permit there, took the class, etc., but moved shortly thereafter and couldn't follow through on obtaining it).

unfortunately, your speculation on whether the cwp law includes switches might be misplaced. it's good to think about these things, but you have to remember it all comes down to the judge who's deciding the case. he or she might not agree with the consensus reached on this forum.

friends, here's my attempt at practical advice: decide if you want to be RIGHT or SAFE. police only have to claim on the witness stand that they THOUGHT the law prohibited switches and that's why they arrested you, made you bond out, hire a lawyer, come to court and defend yourself on the issue of whether you should have been arrested. meanwhile, you've been through the ringer and paid a small fortune to ATTEMPT to prove that the statute in question includes switches.

to add insult to injury, some judges agree with everything a police officer (or prosecutor) says. not good.

so... do i think the laws should allow switches? ABSOLUTELY! but do i think a careful approach includes carrying one? no.

my suggestion: if you have a cwp, get a gun. leave the switch at home.

or... carry a different type of knife and DON'T STAB ANYBODY!

i used to carry a delica and now carry an mnandi 24 (okay...more like 10) hours a day, but would be EXTREMELY reluctant to use it in self-defense where i live because the world is not as we wish it was; it is as we wish it wasn't: people think that those that carry knives are bad. they don't care that the other guy weighs 300 lbs. and hit you first . you had a KNIFE. (it hurts, but it's the truth)

that, much to my (and i'm sure to your) disappointment, is the reality.

if you were my close personal friend, i would tell you to carry a nice but relatively innocent-looking knife.

my three cents.

disclaimer: this ain't no legal advice, so don't rely on it.
 
I am a lawyer in Florida, I practice criminal law and other law, I have taught part of the concealed weapons course, and I carry a Microtech OTF all the time. If you have a CCW you can carry an auto, just a long as the blade remains with the handle-it can shoot out a dart.
 
tom19176 said:
highest Criminal court in Fl, the court of Appeals, and it has defined all switchblades as banned for sale and therefore has redefined them for all purposes of law at this time.
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The highest court in Florida is the Supreme Court. There is no "Court of Appeals." Switchblades are not banned from sale. You can buy them anywhere.
 
Gmountain, it you read all my posts in this thread, I was quoteing Southbeachlaw ( another FL lawyer) and it seems that the court had made a ruling that the 2003 law changed. My error was in the dates as Southbeachlaw posted the court ruling in Jan 2008, I wrongly assumed he had checked that a law was not passed that superceded the court ruling.....In NY the Court of Appeals is the highest, sorry if I mistakingly believed FL was the same.....I will stick to NY law...lol
 
tom19176 said:
Gmountain, it you read all my posts in this thread, I was quoteing Southbeachlaw ( another FL lawyer) and it seems that the court had made a ruling that the 2003 law changed. My error was in the dates as Southbeachlaw posted the court ruling in Jan 2008, I wrongly assumed he had checked that a law was not passed that superceded the court ruling.....In NY the Court of Appeals is the highest, sorry if I mistakingly believed FL was the same.....I will stick to NY law...lol
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No problem. Actually, I read the case you were talking about and it was the 4th District Court of Appeal, which encompasses some counties on the south east coast. The legislature addressed the ruling pretty quickly.
 
no concealed carry permit necessary for auto knives, in FL.

i believe it was July '03 that the terminology in the Ballistic Knife statute was ammended for clarity. i was LEO, here, before the statute was fixed and still am.

and YES. a FL carry permit pertains to most weapons, not just firearms.
 
zignal_zero said:
no concealed carry permit necessary for auto knives, in FL.

i believe it was July '03 that the terminology in the Ballistic Knife statute was ammended for clarity. i was LEO, here, before the statute was fixed and still am.

and YES. a FL carry permit pertains to most weapons, not just firearms.
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You can carry a common pocketknife without a permit. I do not think you can carry a switchblade without a CCW. You can own and buy them though.
 
Gmountain said:
You can carry a common pocketknife without a permit. I do not think you can carry a switchblade without a CCW. You can own and buy them though.
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you can carry them, in FL w/o a permit. there MIGHT be local ordinances in some cities, but there is NO state law against them.

read the updated statute on ballistic knives, they changed it because people with autos had been charged under it.

if it, for some reason (front opener, maybe), had a double edge, then you could be charged because it might be classifiable as a "dirk" which are covered in our weapons statute.

but, then again, FL is pretty knife friendly. you can wear a large fixed blade as long as it is not concealed.
 
zignal_zero said:
you can carry them, in FL w/o a permit. there MIGHT be local ordinances in some cities, but there is NO state law against them.

read the updated statute on ballistic knives, they changed it because people with autos had been charged under it.

if it, for some reason (front opener, maybe), had a double edge, then you could be charged because it might be classifiable as a "dirk" which are covered in our weapons statute.

but, then again, FL is pretty knife friendly. you can wear a large fixed blade as long as it is not concealed.
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However, the courts have ruled that without a CCW, you cannot conceal anything more than a "common pocketknife." That would exclude a switchblade.
 
oh well, you have your interpretation, i have mine. i will not charge someone for carrying an auto knife w/o a permit, neither will ANY of the guys i work with. we ALL feel the law is pretty clear on them being completely legal.

has anyone ever been convicted of carrying an auto knife in FL since the change in the statute?

but, as i said, you have your interpretation and i have mine. i guess we'll agree to disagree :-)

edit to add:

this is interesting, their source is outdated and not as reliable as a statute book, but still fun to look at

http://www.amatecon.com/switchblade.html
 
Here is the current definition of weapon in the statute:
(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.

Here is the concealed section:
790.01 Carrying concealed weapons.--

(1) Except as provided in subsection (4), a person who carries a concealed weapon or electric weapon or device on or about his or her person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) A person who carries a concealed firearm on or about his or her person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) This section does not apply to a person licensed to carry a concealed weapon or a concealed firearm pursuant to the provisions of s. 790.06.

Here is the carry section:

790.015 Nonresidents who are United States citizens and hold a concealed weapons license in another state; reciprocity.--

(1) Notwithstanding s. 790.01, a resident of the United States who is a nonresident of Florida may carry a concealed weapon or concealed firearm while in this state if the nonresident:

(a) Is 21 years of age or older; and

(b) Has in his or her immediate possession a valid license to carry a concealed weapon or concealed firearm issued to the nonresident in his or her state of residence.

It's good that you wouldn't arrest someone for carrying an auto knife, but I wouldn't want to be caught with one without a CCW. The legislature should make clear that an auto is a common pocket knife. The courts have not said that. They talk about a common pocketknife being a folder with a blade of 4 inches or less.
 
I was under the impression that I could carry these knives legally concealed since I have a concealed weapons permit, but some friends Ive shown the knives to disagree.
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I've started offering "friends" like that ten dollars if they can procure the actual law and prove it, it always shuts them up.

I've had guys tell me my Grand Vaquero was illegal to carry but I've had plenty of contact with Reno PD as a CCW gun carry taxi driver who has had miscreants arrested.

I carry a 4inch Schrade for general knife stuff, a Grand Vaquero for other knife work, a CRKT neck knife, large cannister of pepper spray and a Glock & a .357 revolver.

I've had "people" tell me I'm breaking the law , but the cops have never arrested me after numerous contacts after throwing drunk miscreants out of my cab.

People "hear" stuff and think its the law.
 
i know the concealed weapon statute quite well, Gmountain, i've had to use it, several times. where we differ is in the common pocket knife part. in my area, autos are considered common pockets knives, nothing special.

also, this is only the CONCEALED weapon law. even IF, you were right (which i do not feel you are), it would only apply towards concealing one. it would still be legal to carry a auto, openly.

i still would like to know: WHO has ever been convicted of carry an auto concealed in FL since the ballistic knife satute was ammended?

btw - i always liked that "plastic knife" exception. i'm guessing they didn't know about the Nighshade series when they wrote that lol

ETA- if you want to be on the safe side and KNOW you're straight, YES go get a permit, then you DEFINATELY can carry one. Keep in mind, though, i just asked a fellow Officer for his interpretation and he was under the impression that autos were ILLEGAL no matter what. a friend used to say "cops are like a box of chocolates, you never know what you're gonna get". Plus, with the permit, you can conceal virtually any knife you're comfortable with.
 
zignal_zero said:
i know the concealed weapon statute quite well, Gmountain, i've had to use it, several times. where we differ is in the common pocket knife part. in my area, autos are considered common pockets knives, nothing special.

also, this is only the CONCEALED weapon law. even IF, you were right (which i do not feel you are), it would only apply towards concealing one. it would still be legal to carry a auto, openly.
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Perhaps. It is actually the weapon law. It addresses concealed carry. It also addresses open carry. It does not make open carry of autos illegal, as you say.
i still would like to know: WHO has ever been convicted of carry an auto concealed in FL since the ballistic knife satute was ammended?
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We'll never know. Unless there is an appeal, it isn't something peopleknow about.

ETA- if you want to be on the safe side and KNOW you're straight, YES go get a permit, then you DEFINATELY can carry one. Keep in mind, though, i just asked a fellow Officer for his interpretation and he was under the impression that autos were ILLEGAL no matter what. a friend used to say "cops are like a box of chocolates, you never know what you're gonna get". Plus, with the permit, you can conceal virtually any knife you're comfortable with.
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Yes, as you say, you can't go wrong with a CCW.
 
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