"Open carry" in Florida ?

A

Allen E. Treat

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I was standing in the MVD office here in Broward County ( I just
reloacted here ) and to my surprise saw a man carrying what looked
to be a Benchmade 556 "Mini Griptillian" on his belt, facing outwards,
next to his cell phone, in plain view of all. In New Haven, Ct.
( where I hail from originally ) this sort of think would "tilt" the
cops. Without refering me to a thread, asking me why didn't I ask the
guy ( it seemed like either a trite or intrusive question ) or ask me
to ask the local gendarmes, do ANY of you Florida knife owners know
ANYTHING about this ?


"...and let him that has no sword sell his robe and buy one..."

Luke 22:36

A.E.T.
 
I don't think it is really any different than carrying a folder in a sheath on your belt. On occasion I carry my Pocket Hobbit it its Kydex holster. Granted I usually do so with an article of clothing over it, but still it is being carried on my belt. Laws about carry both conceiled or open vary greatly from state to state and local to local. Maybe it makes some people nervous. If it is legal (probably is) then so be it.
 
You can carry any size knife you want in Florida, yes even a sword, as long as it is in plain view. The laws here only apply to concealed carry and for that you will need a CWP.

Fact; There is NO length law in Florida. No palm law, 4", nothing.
Fact; If you carry ANY knife concealed in Florida you are breaking the law. Yes that includes any ordinary pocket knife. Even a 2 inch Old Timer!

The laws are seldom inforced however unless you do something stupid and they want an additional charge to help the first charge stick.

Here is the actual Florida law concerning knives.

790.17. Furnishing weapons to minors under 18 years of age or persons of un-sound
mind and furnishing firearms to minors under 18 years of age is prohib-ited.
(1) A person who sells, hires , barters, lends, transfers, or gives any minor
under 18 years of age any dirk, electric weapon or device, or other weapon,
other than an ordinary pocketknife, without permission of the minor’s parent
or guardian, or sells, hires, barters, lends, transfers, or gives to any per-son
of unsound mind an electric weapon or device or any dangerous weapon,
other than an ordinary pocketknife, commits a misdemeanor of the first de-gree,
punishable as provided in s.775.082 or s.775.083.
(2)(a) A person may not knowingly or willfully sell or transfer a firearm to
a minor under 18 years of age, except that a person may transfer ownership of
a firearm to a minor with permission of the parent or guardian. A person who
violates this paragraph commits a felony of the third degree, punishable as
provided in s.775.082, s.775.083, or s.775.084.
(b) The parent or guardian must maintain possession of the firearm except
pursuant to s.790.22.
790.18. Sale or Transfer of arms to minors by dealers. It is unlawful for any
dealer in arms to sell to a minor any firearm, pistol, Springfield rifle or
other repeating rifle, Bowie knife or dirk knife, brass knuckles, slingshot,
or electric weapon or device. A person who violates this section commits a
felony of the second degree, punishable as provided in s.775.082, s.775.083,
or s.775.084.
Click to expand...

Thats it. Only other mention of knives is in conceal carry.

Concealed Weapon Law (First Part)
(1) The Department of State is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9). Such licenses shall be valid throughout the state for a period of 5 years from the date of issuance. Any person in compliance with the terms of such license may carry a concealed weapon or concealed firearm notwithstanding the provisions of s. 790.01. The licensee must carry the license together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer. Violations of the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25, payable to the clerk of the court.
Click to expand...

More FACTS

States which passed concealed carry laws reduced their murder rate by 8.5%, rapes by 5%, aggravated assaults by 7% and robbery by 3%.
John R. Lott, Jr., 'More Guns, Less Violent Crime

Every year, as many as one-half million citizens defend themselves with a firearm while away from the home.
The Orange County Register, 19 September 1993

In the ten years following the passage of Florida's concealed carry law in 1987, there were 478,248 people who received permits to carry firearms. FBI reports show that the homicide rate in Florida, which in 1987 was much higher than the national average, fell 39% during that 10-year period. The Florida rate is now far below the national average.
Florida Department of State, Concealed Weapons/Firearms License Statistical Report (10/1/87-12/31/97) and 'Crime in the United States,' Uniform Crime Reports, (1988): 7, 53; and FBI, (1998):15, 77.

During the first ten years that the Florida law was in effect, alligator attacks outpaced the number of crimes committed by conceal carry holders by a 146 to 88 margin.
Memo by Sandra B. Mortham, Secretary of State, Florida Department of State, Concealed Weapons/Firearms License Statistical Report (10/1/87-12/31/97). Mark Trainor, Public Information Specialist for the Office of Information Services, Florida Game and Fresh Water Fish Commission, Tallahassee, Florida (14 December 1998).

In 1987, when Florida enacted such legislation, critics warned that instead of the "Sunshine State", it would become the "Gunshine State". Contrary to the critics predictions, homicide and violent crime dropped faster than the national average. Further, through 1997, only one permit holder out of the over 350,000 permits issued, was convicted of homicide.
Kleck, Gary Targeting Guns: Firearms and Their Control, Walter de Gruyter, Inc., New York, 1997

"What we can say with some confidence is that allowing more people to carry guns does not cause an increase in crime. In Florida, where 315,000 permits have been issued, there are only five known instances of violent gun crime by a person with a permit. This makes a permit-holding Floridian the cream of the crop of law-abiding citizens, 840 times less likely to commit a violent firearm crime than a randomly selected Floridian without a permit."
"More Permits Mean Less Crime..." Los Angeles Times, Feb. 19, 1996, Monday, p. B-5
Click to expand...
 
Mike's right, no laws on open carry.I carry a fixed blade every day and enjoy the hell out of it.That's the way it should be all over.Dave :)
 
Mike -

I remember seeing in the Florida statutes that a "common" pocketknife was specifically exempted from the definition of a weapon.

I'm not sure how to reference this, but see 790.001 (13) at the Florida legislature web site

(13) "Weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife.
Click to expand...

Of course, what is a "common" pocketknife? You have to look up case law for that one, but IIRC anything under 4", without specific features designed for "offensive" applications (i.e., guards), are OK...

Matthew
 
I would assume that carrying a folder in a belt sheath would be considered open carry even if the knife itself was not visible. Is this correct? Also assume that carrying a folder clipped inside a pocket with only the clip visible would be concealed?

phantom4
 
Phantom. I am not a lawyer but here is my take on that. Take it for what its worth. I think a folder in a sheath on a belt is open carry. I also think that a knife clipped to the pocket is open carry since it is partially visable. If you are wearing a shirt or jacket covering the part sticking out the definition might change. As far as pocket carry goes it is probably a moot point since pocket knives are exempted.
 
There's a good site for doing a bit of legal research:

www.findlaw.com

You can even sign up for a service that will keep you informed of case-law developments in your state. It's for free.:)
 
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