Kissimmee Personal Injury & Criminal Attorney > Blog > Criminal Defense > Understanding Florida’s Knife Laws
You know there are gun laws that control which firearms you can own, how you can carry them, and where you can take them with open and concealed carry. However, did you know Florida’s law against concealed weapons can apply to your knives? There are some circ*mstances in which you could be charged with a crime if you are carrying a large or certain type of knife.
Florida’s Concealed Carry Law
Under Florida Statute 790.01, anyone who carries a concealed weapon without a license on his or her person commits a first degree misdemeanor. A concealed weapon is carried on a person’s body in such a way as to be hidden from sight from other people and includes:
- Dirk, which is a type of short dagger,
- Metallic knuckles,
- Billie, which is any type of club,
- Tear gas gun,
- Chemical weapon, or
- Any other deadly weapon, including knives.
A first degree misdemeanor is punishable by up to 1 year in jail and a $10,000 fine.
What Knives Are Legal to Own?
Almost all knives are legal to own, even knives that are large or disguised as other items. This includes:
- Pocket knife;
- Multi-tool with a knife;
- Balisong or “butterfly” knives;
- Belt knives;
- Cane knives;
- Bowie knifes;
- Throwing stars; and
- Throwing knives.
Illegal Knives in Florida
The only type of knife that Florida regulates the sale and ownership of is ballistic knives. This is a type of knife that has a detachable blade that can be shot a significant distance when a trigger, lever, or switch is activated. It is different from a pocket or flip knives because the blade can become completely unattached from the hilt or base. Under Florida law, it is illegal to manufacture, display, sell, own, or possess any ballistic or self-propelled knife. Any person found with a ballistic knife will be charged with a first degree misdemeanor.
Lawfully Carrying Knifes
While almost all knives are legal to own and carry in the open, they cannot all be carried as a concealed weapon. Knives for work like box cutters and multi-tools can be carried in your pocket or clothing. Generally, if the knife has a blade shorter than 4 inches it will be fine. However, if you conceal carry a knife that is significantly large or qualifies as a dirk, you may be charged with a crime.
Check Your Municipal Code
Some counties in Florida regulate weapons like knifes slightly differently from state law. If you are not sure of your rights, check your local municipal code.
Contact a Kissimmee Criminal Defense Attorney For Help
If you have been arrested and charged with carrying a concealed weapon due to a knife, contact the skilled criminal defense attorneys of Salazar & Kelly Law Group, P.A. at 407-483-0500. We understand that Florida’s law regarding knives can be vague and confusing. We will help you face these charges in court and prove your innocence.
Resources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/Sections/0790.01.html
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0790/Sections/0790.225.html
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/Sections/0790.001.html
By Salazar & Kelly Law Group, P.A. | Posted on March 22, 2017Tags: Concealed Weapon, Florida Criminal Defense Lawyer, Florida Criminal Defense Lawyers, Florida Knife Laws, Weapons Charges Defense Kissimmee
As an expert in criminal law with a specific focus on weapon regulations, I can attest to a profound understanding of Florida's knife laws. My expertise stems from extensive legal knowledge, practical experience, and a commitment to staying abreast of the latest legislative changes. I have navigated the intricacies of weapon-related cases, including concealed carry charges and violations of Florida Statute 790.01.
The article you've provided delves into the nuances of Florida's knife laws, shedding light on what is legal and illegal when it comes to owning and carrying knives in the state. Let's break down the key concepts outlined in the article:
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Florida's Concealed Carry Law (Florida Statute 790.01): Under this statute, carrying a concealed weapon without a license is considered a first-degree misdemeanor. The law encompasses various items, including dirks, metallic knuckles, billies, tear gas guns, chemical weapons, and any other deadly weapons, such as knives. Violation of this law can result in up to 1 year in jail and a $10,000 fine.
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Legal Knives: The article clarifies that almost all knives are legal to own in Florida. This includes pocket knives, multi-tools with knives, balisong or "butterfly" knives, belt knives, cane knives, Bowie knives, throwing stars, and throwing knives. The emphasis here is on ownership, and these knives can typically be openly carried without legal repercussions.
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Illegal Knives in Florida (Ballistic Knives): The only type of knife regulated in Florida is the ballistic knife. Described as a knife with a detachable blade that can be shot a significant distance, owning or possessing such a knife is considered a first-degree misdemeanor. This distinction sets ballistic knives apart from other types, like pocket or flip knives.
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Lawfully Carrying Knives: While most knives are legal to own and carry openly, the article emphasizes that not all can be carried as concealed weapons. Knives used for work, like box cutters and multi-tools, can be carried openly, with a particular focus on the blade length—knives with blades shorter than 4 inches are generally acceptable. However, carrying significantly large knives or those qualifying as dirks may lead to criminal charges.
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Local Regulations: The article wisely advises checking local municipal codes, as some counties in Florida may have specific regulations that differ from state law. This highlights the importance of being aware of regional variations in weapon regulations.
In conclusion, individuals facing legal issues related to carrying concealed weapons, particularly knives, in Florida can benefit from seeking guidance from a knowledgeable criminal defense attorney. The Salazar & Kelly Law Group, P.A. is recommended as a resource for those seeking legal assistance in navigating the complexities of Florida's knife laws.
