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Posted: 4/2/2006 5:39:23 PM EDT
[Last Edit: 4/2/2006 5:40:20 PM EDT by Accord]
Can someone on here please clarify the laws on carrying a knife, from what i've gathered you need a CCW to carry anything besides a "common pocket knife" concealed but it doesn't say anything about open carry from what i've been able to find.

I know I can't carry something concealed like a folding Gerber tacticool knife with a 3.5" blade since I don't have a CCW (yet) and I doubt it would be considered a "common pocket knife," but is it legal to OPEN carry it on my belt or clipped onto my pocket?

Thanks
Link Posted: 4/2/2006 6:04:39 PM EDT
I think if the knofe OAL is from the tip of you middle finger to you wrist or smaller its G2g and if the blade is no longer than the width of your palm, but I carry a fixed blade. If its a folder just keep it in your pocket, if its not some uber tactical killing knife you'll be OK. Remember the thing you hear about first impression, if you knofe doesn't look like something a mall ninja would carry your OK.
Link Posted: 4/3/2006 8:03:14 AM EDT
Go to myflorida.com and run a search under Open Carry. Quite a bit of interesting reading.
Link Posted: 4/3/2006 8:48:16 AM EDT
Open carry of a knife in public is permitted, however, there are restrictions when you are on school grounds or on the property where a school sanctioned function is being held, see FSS 790.115(2)(a).

You are correct, you CAN NOT conceal upon your person ANY WEAPON of ANY KIND, excluding a "common pocket knife", which the definition can be debated but not very much, unless you have a CC permit, see FSS 790.01(3).

The OPEN CARRY law prohibits the open carry of Firearms and/or Electronic Weapon Devices only, see FFS 790.053(1).

There may be local laws however that further restrict the carry of "weapons" and/or "firearms".
Link Posted: 4/3/2006 2:09:16 PM EDT
[Last Edit: 4/3/2006 2:18:22 PM EDT by Accord]

Originally Posted By Bowhntr6pt:
Open carry of a knife in public is permitted, however, there are restrictions when you are on school grounds or on the property where a school sanctioned function is being held, see FSS 790.115(2)(a).

You are correct, you CAN NOT conceal upon your person ANY WEAPON of ANY KIND, excluding a "common pocket knife", which the definition can be debated but not very much, unless you have a CC permit, see FSS 790.01(3).

The OPEN CARRY law prohibits the open carry of Firearms and/or Electronic Weapon Devices only, see FFS 790.053(1).

There may be local laws however that further restrict the carry of "weapons" and/or "firearms".


Interesting. So theoretically, someone could actually open carry a full size Ka-Bar is they wanted to?

I just looked up 790.053 about open carry and didn't see anything about knifes, only firearms and non-lethal tasers, etc. just like you stated. So if there is nothing on the books about the open carry of knives, then is it right to assume that it is legal?
Link Posted: 4/3/2006 2:30:31 PM EDT
I just called up the Boca Raton police non-emergency line and spoke with someone there, and he confirmed my worst fears and said he wasn't sure... if he's not sure, then officers on the street probably won't be sure either and it would really suck to be arrested and whatnot for not doing anything wrong. He said the old fashioned way they used to do it was if you held out 4 fingers and the blade was longer than the width of all 4 fingers then it was illegal and you would be arrested, but if it was shorter than your 4 fingers you're good to go. I told him that I don't want to be arrested because of a misunderstanding in the law and he told me to call FDLE.

Calling FDLE now...
Link Posted: 4/3/2006 2:32:43 PM EDT

Originally Posted By Accord:

Originally Posted By Bowhntr6pt:
Open carry of a knife in public is permitted, however, there are restrictions when you are on school grounds or on the property where a school sanctioned function is being held, see FSS 790.115(2)(a).

You are correct, you CAN NOT conceal upon your person ANY WEAPON of ANY KIND, excluding a "common pocket knife", which the definition can be debated but not very much, unless you have a CC permit, see FSS 790.01(3).

The OPEN CARRY law prohibits the open carry of Firearms and/or Electronic Weapon Devices only, see FFS 790.053(1).

There may be local laws however that further restrict the carry of "weapons" and/or "firearms".


Interesting. So theoretically, someone could actually open carry a full size Ka-Bar is they wanted to?

I just looked up 790.053 about open carry and didn't see anything about knifes, only firearms and non-lethal tasers, etc. just like you stated. So if there is nothing on the books about the open carry of knives, then is it right to assume that it is legal?



Yes, it is legal so long as it is in plain view. I have seen many folks with various types of knives starpped to their belt... to each his own... I don't bother them as it is the weapon NOT SEEN that bothers me.

However I'm sure that if you strap a K-BAR to your belt or leg, some new/old officer who does not quite know the law may stop and ask you about the knife.

Simply get a CC permit for a Weapon and be done with it.
Link Posted: 4/3/2006 2:34:04 PM EDT
[Last Edit: 4/3/2006 2:41:45 PM EDT by Accord]
I just got off the phone with FDLE. I asked them if it was legal to open carry a foldable knife on your belt and the woman I spoke with said that it was legal as long as the blade was under 4 inches. I asked if there were any statutes or anything I could look at and print out to confirm this and she recommended I go to MyFlorida.com and I explained how I was already there and that there was nothing on there in regards to blade length. She told me to call back tomorrow before 5pm and ask for the FDLE legal department and they will point me in the right direction.

So i'm going to call the legal department tomorrow.

Perhaps it's just best that I just get a CCW to avoid any hassle about this, but i'm still curious to know the law and what the legalities are in the mean time.
Link Posted: 4/3/2006 8:04:35 PM EDT
Might I suggest a purchase... all of this is covered in great detail.

Gutmacher's book

Link Posted: 4/3/2006 11:01:30 PM EDT

Originally Posted By Accord:
I just got off the phone with FDLE. I asked them if it was legal to open carry a foldable knife on your belt and the woman I spoke with said that it was legal as long as the blade was under 4 inches. I asked if there were any statutes or anything I could look at and print out to confirm this and she recommended I go to MyFlorida.com and I explained how I was already there and that there was nothing on there in regards to blade length. She told me to call back tomorrow before 5pm and ask for the FDLE legal department and they will point me in the right direction.

So i'm going to call the legal department tomorrow.

Perhaps it's just best that I just get a CCW to avoid any hassle about this, but i'm still curious to know the law and what the legalities are in the mean time.



No shit, I did the same thing when I turned 18. Went into the local Sherriff Office, because I had some asshat at a gunstore tell me you had to be 21 to buy an AR, because it's classified as an "assault rifle" even though i told him its just a long arm. They called their "Weapons expert" and said " I got a young man in here who just turned 18 and wants to buy an A-R-FIFTEEEN...UH-SALT-RIFLE" (thats how he pronounced it all dragged out) and he said all I could buy until 21 was air rifles The sherriff leaned back in his chair and said "Yup, thats it. Air rifles" I told him for sure that was incorrect, and asked for some written documentation, which pissed him off I guess because im young, but I was being very respectful, so he told called a gunstore and said that he wont sell me anything illegally so whatever he says I can buy, I can. So he calls the store and the guy confirmed what I was saying, so as I was leaving all he said to me was "I think you'll be suprised how much one of those assault rifles cost"

By that time, I already had one, I was just pissed cause the one store wouldnt even sell me mags for it Oddly enough, a year later they sold me a preban chinese AK and didnt say a word. Which was funny, because I totally raped them on the price
Link Posted: 4/4/2006 3:27:52 AM EDT

Originally Posted By Accord:
I just got off the phone with FDLE. I asked them if it was legal to open carry a foldable knife on your belt and the woman I spoke with said that it was legal as long as the blade was under 4 inches.



I have NEVER seen a knife length restriction codified in Florida law, I have however seen it codified in other states.

Myths continue to live on I guess.......
Link Posted: 4/4/2006 11:02:00 AM EDT
But carrying a knife that has a clip on it, clipped on your pocket of course is not considered concealed right? That one always trips me up whenever I interperet law.
Link Posted: 4/4/2006 11:23:50 AM EDT

Originally Posted By Chimpy:
But carrying a knife that has a clip on it, clipped on your pocket of course is not considered concealed right? That one always trips me up whenever I interperet law.



790.06(3)(a) "Concealed weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person.

i.e. - if they can see it, it ain't concealed.

Oh, according to Gutmacher's book, while there is no legislation regarding blade length, the Florida Supreme Court has ruled that anything over 4 inches is not considered to be a common pocket knife.
Link Posted: 4/4/2006 5:43:10 PM EDT
Gutmacher's books are well worth the cost and any gun-toter in Florida oughtta at least read it.

I bought one last year and have passed it around to friends. I guess it's time to get the new one...
Link Posted: 4/5/2006 5:39:32 PM EDT
i love SS790.225 read it..



most folks really don't know this one..


read it carefully.. (if you have to)


somewhat on topic?
Link Posted: 4/6/2006 3:47:31 AM EDT

Originally Posted By Accord:
So i'm going to call the legal department tomorrow.



So.....?
Link Posted: 4/7/2006 9:39:22 AM EDT

Originally Posted By RGT:

Originally Posted By Accord:
So i'm going to call the legal department tomorrow.



So.....?

I called FDLE and asked for the legal department and the person who answered the phone said there is no legal department... what the hell? So I asked if there was anyone else who could help me and she transferred me to the voice mail of a duty agent and I left a message but never heard anything back.

Link Posted: 4/7/2006 9:57:39 AM EDT
I just spoke with Mr. Steve Hurm who is a Regional Legal Advisor for the FDLE and he said that there is NOTHING on the Florida state statutes against the open carry of a pocket knife and therefore you CANNOT be prosecuted, however that doesn't mean you won't be hassled or a cop who may not know the exact law won't arrest you or anything, but the important thing is that you cannot be prosecuted. He cited a 1951 opinion by the attorney general and also a Florida supreme court ruling which stated that a "common pocket knife" was any knife under 4 inches and according to Florida law a "common pocket knife" is NOT a weapon and therefore there is no law against being able to open carry it.

Mr. Hurm was very gracious, answered all of my questions, and even did some research right there with me on the phone. He gave me the phone number of his direct line at his office should I have any followup questions.

Link Posted: 4/8/2006 1:06:14 PM EDT
Link Posted: 4/8/2006 1:48:21 PM EDT

Originally Posted By TC6969:
I would love to see a state law that uses a measurement based on the dimension of a body part.

Where do you guys get this shit?



Dont recall you offering any answers or contributing to this thread, anyone can criticize.

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