Knife Laws in Florida
The general law in Florida regarding knives flows from Florida’s statute that prohibits carrying concealed weapons (Fla. Stat. § 790.01.), as well as the statute that provides a definition of what constitutes a "weapon." This definition of weapon also serve as the statutory basis for understanding what is as an "ordinary pocket knife" (Fla. Stat. § 790.001.) as that term is used in the statute that regulates the carrying of certain types of knives (Fla. Stat. § 790.03). The prohibition against carrying a concealed weapon is subject to certain exceptions, including the license to carry a concealed weapon under Fla. Stat. § 790.06. How knives could be carried in public without violating the prohibition on carrying concealed weapons depends on whether the knife was appropriately categorized as an "ordinary pocket knife." A knife categorized as an "ordinary pocket knife" could, accordingly, be carried in public without violating Fla. Stat. § 790.01(2). If the knife was instead categorized as a "weapon," Fla. Stat. § 790.01(1) would apply. And the legal prohibition against carrying a "weapon" in public is that if the weapon is "concealed," then the prohibition could only be avoided if the person carrying the knife complies with the licensing provisions set forth in Fla . Stat. § 790.06. One difficulty in analyzing the legal regulation of knives in Florida is the distinction between the prohibition against carrying concealed weapons (which applies to the category of weapons, such as knives, that can be concealed) and the exception that exists (in Fla. Stat. § 790.001(3)(a)) for "ordinary pocket knives." If an ordinary pocket knife is not a weapon, then should someone carrying an ordinary pocket knife in public be required to carry that knife in plain view? Consider the following: If the knife is categorized as an "ordinary pocket knife," then there will not be any statutory provision that imposes any requirements on how the knife must be carried in Florida. Even a knife categorized as a "knife" may not subject its carrier to prosecution under Florida’s anti-concealed weapon statute, depending on whether the knife is being concealed or not. Quite simply, if the "knife" is in plain view, it may be carried in public in Florida without violating Fla. Stat. § 790.01, even though precisely why it does not violate Fla. Stat. § 790.01 is probably something better suited for the subject matter of an advanced constitutional law seminar.
List of Approved Knife Lengths in Florida
Florida has established a point of regulation for knives which is based on the length of the blade in the measurement of inches. Florida law specifically defines the blade, as being "the portion of the knife that may be sharpened, with or without the handle and protective hilt."
Florida law defines the blade of the knife as:
"a sharpened cutting part of a knife, such as the following: a cut, blade end, or sharpened point, or the part designed for entry into the meat of a carcass. The blade includes the cutting edge and may be straight, warped, serrated, or otherwise shaped. The term does not include a sharpened tip or sharpened hilt. Provisions regarding knives are not applicable to utility knives, circular knives, carpet knives, linoleum knives, utility or box cutting knives, or other devices having blades less than 4 inches in length."
So, except in the case of non-forgeable knives, like utility knives, the legal length of a forged knife blade has been established at four inches. This means that if the knife has a blade longer than four inches, then it becomes a legal problem. But what if the knife blade is less than four inches? At this point, the blade itself must be analyzed to be made of either steel or non-steel. There are what are called loopholes in the language of the statute, leading to an exception to the legal length requirement. Exceptions are provided for "leather strapper knives and utility knives." Florida’s existing law provides that these are not counted towards the definition of knives.
Variances Among Knives
Because knives come in all shapes and sizes, there are many different kinds of knives at the center of Florida law. Each knife has its own features, most notably the variation in whether the knife has a foldable blade, a fixed blade, or some other binding mechanism to open the knife.
Folding knives are the knives that most people think of when they think of knives. A folding knife has a blade that folds into the handle of the knife and then locks into place when the knife is open. Most folding knives are designed to be opened with one hand. A pocketknife is an example of a folding knife. Under Fla. Stat. § 790.11(2007), folding knives are permitted for concealed carry if the blade is less than 4 inches long, provided that the folding knife is not a dirk, bowie knife, stiletto, or other type of prohibited knife.
Fixed blade knives are knives that do not fold and the blade is fixed inside the handle of the knife. Under Fla. Stat. § 790.11(2007), a person may carry a fixed blade knife without a permit, meaning a fixed blade knife may be carried either openly or concealed. However, fixed blade knives may not be carried in certain areas under Fla. Stat. §§ 790.06, .115, .133(2), .1315, .1338 (2007).
Dirk knives are a type of fixed blade knife. Dirks are typically straight blades that are double-edged and have a hilt or cross-guard to totally prevent the blade user’s hands from slipping onto the blade during use. Under Fla. Stat. § 790.01(3)(b) (2007), a person is prohibited from openly carrying a dirk; however, a person in Florida may carry a dirk concealed on or about his or her person provided he or she has a permit to do so. See Fla. Stat. § 790.06(12), (13)(a)(5) (2007).
Under Fla. Stat. § 790.01(3)(b) (2007), a person may not carry a concealed dirk but may carry one openly provided that it is not done in a manner that appears threatening to another person.
Bowies knives are another type of fixed blade knife designed to be worn in a sheath on the person. Bowie knives may range in size, but they usually have either a single edge blade with a hilt and are not more than twelve inches long. Or, bowie knives may have two edges and have a barrier to prevent the hand from sliding onto the blade. See Fla. Stat. § 790.01(3)(b) (2007). A person may not openly carry a bowie except in a manner that does not appear threatening to another person. Fla. Stat. § 790.01 (3)(b) (2007). A person may carry a bowie concealed on or about his or her person if he or she possesses a license to carry a concealed weapon. Fla. Stat. §§ 790.06(12), (13)(a)(8)(2007).
Weapon-The term "weapon" means any dirk knife, bowie knife, sword, sword cane, machete, spear, (or) other weapon of like kind, any dirk, bowie, switchblade, knife, pistol, or other firearm. Fla. Stat. § 790.001(13) (2007).
Switchblade knives are prohibited to carry or conceal in Florida and can be open carried only in a threatening manner. Fla. Stat. §§ 790.06(12)(f), 790.01(c), (2013). Switchblade knives have auto opening blades, including knives that are opened by a spring mechanism. See Fla. Stat. § 790.001(2)(2007).
Under Fla. Stat. § 790.10 (2007), a person may not sell, give, or lend a weapon, including a knife as defined by Fla. Stat. § 790.001(13), to someone that the person knows or has reason to believe is a minor.
Open Carry or Concealed Carry
In Florida, there are two primary ways to carry a knife: concealed and openly or unconcealed. The distinction involves in what manner you as the possessor, will be carrying your knife irrespective of the length of the knife and its ability to draw a blade.
1. Conceal Carry
We refer to this as ‘conceal carry’ above as opposed to distinguish it from ‘open carry.’ That is simply because most people know this as ‘conceal carry.’ Under the law, this means that the holder of the knife [or any weapon or firearm] is carrying it on their "person", meaning it is obviously physically with them. However, the concealment of such knife or weapon may be inferred if it is in a holster or sling visible to the user.
2. Open Carry
Open or unconcealed carry is where the knife holder displays the knife unholstered or not in a sheath clearly visible to the public at large. This could be the blade being longer than 4 inches and is displayed in a belt sheath, belt, sling, shoulder holster or otherwise, or simply because the length of the knife itself precludes its concealment.
3. Permitting
The requirements related to carrying knives generally depend in large part on the intent of the possessor. For example, someone may only desire to have a knife on their possession for some legitimate purpose such as an active duty military personnel or may be construction workers who needs it for work. In that case, any knife possessed may do as long as it is not a prohibited weapon. Workplace safety policies, however, may apply here and even prohibit the blade from being used on a worksite. There are also knives which are classified as "daggers," which have blades over 5-inches long and are designed for throwing and which are prohibited from being possession by anyone irrespective of the intent behind the carry. Similarly, "dirks" which are also known by the colloquial name of stiletto which is a type of double-edged knife designed for stabbing are also prohibited. Moreover, any knife with a blade length greater than 4inches is also prohibited from being concealed or open carry outside of the home or vehicle without a concealed weapons permit.
4. Knife with a Fixed Blade vs. Knife with a Folding Blade
Where concealing a knife is concerned, the law makes no such distinction between a knife with a fixed blade from a folding blade. Regardless, there can be no concealed carry of any open-carry knife with a blade longer than 4" (and certainly no dirks, daggers or swords). Accordingly, 3-7/10" knives with a fixed blade or with a folding blade may be carried concealed without legally required permits but may not be carried concealed under the law unless the possessor of the knife has a valid concealed weapons permit.
Penalties for Violation
The law in Florida surrounding knives is very specific and provides little room for error or interpretation. Knives longer than the allowed length are automatically considered illegal, and state prosecutors will not hesitate to charge individuals for possessing them. For this reason, it is important that you are aware of exactly what the law does stipulate and how the law enforcement system will enforce it.
If someone does violate the knife laws in Florida, it will be considered a first-degree misdemeanor. That means you could face up to one year in jail and $1,000 in fines.
If the violation involved the use of a knife in a dangerous manner , the penalties will be much more severe. This can be done with any knife, including one that does not violate knife length laws in Florida. If you use or threaten to use a knife to inflict injury on another person, you could face a third-degree felony. That means you could face up to five years in prison and fines amounting to $5,000.
If you commit an attack with a knife in the course of committing another crime—such as robbery—that is considered a felony of the second-degree. This means you could face up to 15 years in prison and support fines amounting to $10,000.
Common Sense Tips for Knife Owners
When it comes to the law, ignorance is not bliss. It’s essential for Floridians to be aware of the laws pertaining to knives to avoid unintentional violations. Here are some practical tips for knife owners:
- Identify Your Knife: The first step is to accurately identify the type of knife you own. A knife identified as a "dirk" in Florida is a prohibited weapon unless you have a license to carry a concealed weapon.
- Be Mindful of Length: Blade length makes a difference. If the blade of your knife is more than four inches long, you can only possess it if you have a concealed carry permit.
- Carry Responsibly: It’s also illegal to carry a dirk in a concealed manner in Florida unless you meet the criteria for concealed permit holders.
- Understand Automatic Weapons: Only those with licenses or permits can possess automatic knives, regardless of whether they be concealed or not.
- Be Cautious with Switchblades: In Florida, switchblades and balisongs (butterfly knives) aren’t automatically illegal, but context matters. You can be charged with a crime for carrying a switchblade or butterfly knife concealed, but not in the open, so pay attention to how you carry them.
- Know the Differences: If your knife can fold, close, or is otherwise not "fixed-blade," it’s likely not considered a dirk by Florida authorities.
- Avoid Concealed Carry: Refrain from carrying knives concealed on your person. Where concealed permit holders legally carry weapons on their person, other knife owners legally have to carry their knives openly.
- Get Licensed: And of course, if you have a dirk, a switchblade, or a butterfly knife—a concealed carry permit holder is the only option to stay within the law.
- Overall Knife Use: Ultimately, be smart and responsible when using knives.
Recent Changes and Updates
Recent legislative changes or proposed bills affecting knife owners of Florida: Two recent legislative changes have been made that affect both switchblade knives and concealed carry in that they remove any limits on blade length. In June 2017, the Florida Legislature passed SB 140 (also known as the bill prohibiting certain knife regulations) which allows previously illegal knives to be legally transported through Florida, as long as they are legal within the knife owner’s state . The amendment in the bill stating that the knife is allowed as long as it’s legal in the knife owner’s home state overrides all local ordinances regarding the length of knife blades, essentially making it a set standard. Now, as long as the knife in question is legal to carry within your home state, you can carry it anywhere in Florida (provided that your knife is not generally illegal or listed as an offensive weapon in Florida), regardless of the blade length.
