Understanding Your Knife Rights in Florida: A Legal Guide

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Understanding Your Knife Rights in Florida A Legal Guide

Under Florida law, most knives are legal to own and carry, but restrictions exist based on blade length, carry method, and knife type. Here’s a detailed breakdown of your rights and obligations:

Legal Knife Types

  • Automatic knives (switchblades): Legal to own and carry (open or concealed) if the blade is under 4 inches.
  • Balisongs (butterfly knives): Legal to own and open carry; concealed carry requires a permit for blades over 4 inches.
  • Fixed-blade knives: Legal to openly carry without a permit; concealed carry requires a permit for blades over 4 inches.
  • Pocket knives: Folding knives under 4 inches are exempt from concealed carry restrictions.

Prohibited knives:

  • Ballistic knives (self-propelled blades): Illegal to own, sell, or carry under any circumstances.

Concealed Carry Rules

  1. Blade length under 4 inches:
    • No permit needed for folding knives (classified as “common pocket knives”).
    • Includes Swiss Army knives, multitools, and small automatic knives.
  2. Blade length over 4 inches:
    • Requires a concealed weapon license (CWL).
    • Applies to fixed blades, larger automatics, and balisongs.
  3. Exceptions:
    • Active-duty military and honorably discharged veterans may carry concealed knives without a permit.

Open Carry Rights

  • Most knives (including fixed blades and swords) can be openly carried if not concealed.
  • Limitations:
    • Avoid “partial concealment” (e.g., clipped knives covered by clothing).
    • Restricted in schools, government buildings, airports, and polling places.

Key Legal Definitions

  • Concealed carry: Hidden from “ordinary sight” (e.g., in a pocket or under clothing).
  • Common pocket knife: Generally a folding knife under 4 inches, though ambiguity allows officer discretion.
  • Ballistic knife: Any knife with a blade propelled by springs, gas, or explosives.

Special Cases

  • Minors:
    • Can carry folding knives under 4 inches with parental consent.
    • Automatic knives and fixed blades are prohibited for minors without explicit authorization.
  • Felons:
    • Barred from carrying any knife classified as a “weapon” (generally blades over 4 inches).

Practical Recommendations

  1. Avoid concealed carry of blades over 4 inches without a CWL.
  2. Use a pocket clip for folding knives to demonstrate open carry intent.
  3. Verify local ordinances, as cities like Miami or Tampa may enforce stricter rules.

For disputes, courts often side with the “common pocket knife” standard, but legal outcomes depend on context and officer interpretation. Always consult a legal professional if charged with a violation.

Sources:

  1. https://www.legalsurvivalguide.org/self-defense-law/florida-knife-pepper-spray-and-stun-gun-laws/
  2. https://nobliecustomknives.com/us-knife-laws/florida-knife-laws/
  3. https://tkellknives.com/knife-laws-in-florida-a-comprehensive-guide-to-carry-legally/
  4. https://www.couteaux-morta.com/en/knife-laws-in-florida/
  5. https://www.shieldon.net/a-guide-to-florida-knife-laws-carrying-straight-and-folding-knives/

Tom Vander Woude

Tom Vander Woude ('20) is from Grand Rapids, MI, and was a sports contributor to the Wake Forest Review. He covered various athletic events and provided analysis on sports-related topics at Wake Forest University.

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