Florida Knife Laws Explained
Florida is a state whose culture has long been known for its laid-back atmosphere and a casual lifestyle that accommodates people from all walks of life. That general nature only adds to the confusion surrounding the legal limitations on weapons generally, and knives in particular.
Florida Statute § 2.02—22 of the Florida Statutes generally prohibits the carrying of a concealed weapon, but Florida Statute § 2.02—22(13) specifically exempts ‘ordinary pocketknife’ from that provision. The difficulty lies in that most swords or daggers do not fall into the category of ‘ordinary pocketknife’ for these purposes.
Florida has several types of pocket knives, but generally speaking what should be termed ‘ordinary pocketknife’ are folding, non-locking knives with blades of less than 4 inches in length (measured parallel to the handle, that is). Some communities have actually adopted the folding knife language into their local ordinances for the legal definition of a lethal weapon, but South Florida and Miami-Dade in particular have not.
The term lethal weapon, by the way, is defined in Florida Statute § 2.02—11(1) as:
any instrument which will, under the circumstances in which it is used, likely to or intended to cause death or great bodily harm, except that "lethal weapon" does not include an ordinary pocket knife, a self-defense chemical spray that contains no more than two ounces of chemical solution intended to be used for the purpose of personal self-defense, a nonmetallic toy knife with a rigid blade that is not sharpened, or a nonmetallic cylinder with a small nonmetallic ball therein which is engineered to roll when thrown.
Florida case law has somewhat clarified the lethal weapon rules. In Poulin v. State, 109 So. 2d 404 (Fla . 2 DCA 1958), the defendant entered a materialman’s warehouse (a company that sells supplies to other businesses) and used a large, clasped knife to cut a padlock on a dumpster. The defendant was approached by an employee and instructed to return to the scene of the crime and call the police. While they waited, the employee searched the defendant’s truck and found the clasped knife. The Court found that "under the circumstances the use of the blade [of a clasped knife] was lethal." The Court determined that each case should be considered in light of all the attendant circumstances. As such, the written opinion does not provide many clear rules of law on the subject. However, the Court did indicate that the clasped knife was not an ordinary pocketknife.
Further, in Scott v. State, 541 So. 2d 626 (Fla. 3 DCA 1988), the Court again upheld a determination that a clasped knife was a lethal weapon. In that case, the defendant had written a note to his attorney inviting her for a date and to fix the break in his clasped knife. At trial, the lawyer testified that the blade of the knife was at least three and one-half inches in length and one-half inch wide and that the clasped knife was "strong enough to kill a man." She also testified that to her knowledge there was nothing out there that was similar to a clasped knife.
The Florida Supreme Court addressed blades greater than four inches in length in Lobato v. State, 334 So. 2d 249 (Fla. 1976). Mr. Lobato had claimed that his Tonto knife, a type of throwing knife was used for decorative purposes and was not a’weapon.’ The Supreme Court disagreed and pointed to the lack of a locking mechanism as a reason to support that the knife was lethal.
The issue of common knives is complicated by differences based on locality and whether an object is concealed. Carrying a concealed weapon of almost any type is illegal in Florida.
Knife Length Rules in the State of Florida
Florida Statutes § 790.06 establishes that "Any person in this state may bear arms, except machine guns and sawed-off rifles and shotguns, for lawful purposes." Florida Statutes § 790.01(13)(a) defines lawful purposes as "self-defense or defense of one’s property." While you are allowed to carry a knife "for lawful purposes," the type of lawful purpose governs the length of allowed knives.
Various types of knives fall under different restrictions based on a narrow legal interpretation of the law. A "knife" is defined as "any dagger, dirk, or poniard, knife, razor, razor blade, and any other deadly weapon generally known as a "blackjack," "slingshot," "billie," "sandclub," or "sandbag."
Florida’s criminal code uses the term "deadly weapon" to refer to knives, machetes, swords, dirks, daggers, razors, and other blades regardless of size. The code states that there are no restrictions on the size of a knife unless it is a "common pocketknife, plastic, or metal knuckles." "Common pocketknife" is defined as "a rectangular-shaped (not exceeding four inches in length) folding (or folding-type) knife with a blade that reenters the handle when sheathed." Although, common pocketknives are not restricted, with consideration for persons who would carry a straight-blade knife, we suggest that you do not carry a straight-blade knife longer than four inches.
Note that the statutes do not provide any guidance on folding-type knives as a result of a possible Scrivener’s error (an inadvertent error made in drafting legislation, bill drafting, legal drafting, or drafting of other documents).
Exemptions for Knife Length Regulations in Florida
Although the general prohibition on knife possession in Florida is limited to knives of a particular length, there are over a dozen exceptions to this general rule. Some of these exceptions are more widely used than others due to their generality, and recent social trends involving groups such as Marines, Airmen, Cadets, and Boy Scouts who are all routinely allowed to carry certain kinds of knives for practical, legitimate reasons associating with their respective "missions." Others exceptions are more specific to certain kinds of knives or certain purposes.
For example, Florida’s law on illegal knives specifically exempts knives carried by employed meter readers and utility company workers, delivery persons delivering milk (remember that old-fashioned kind of delivery where you would leave out an ice bucket full of bottles filled with ice and milk?), soft drink salespersons, stationary salespersons; as well as knives carried by certain employees of prisons or correctional institutions.
Other exceptions from Florida’s general anti-knife law include a variety of knives with a blade not longer than 4 inches including kitchen knives, plastic or round bladed butter knives, plastic cutlery knives, folding knives commonly known as "common pocket knives", and "blunted" or unsharpened side-knives.
The Florida Knife Rights organization recently published its complete list of 167 exceptions to Florida’s general law prohibiting the carrying of knives and related blades. This list ranges from broad general exceptions (knives solely provided for the conduct of a lawful occupation or use by professional tradesperson or business entity) to more specific exceptions (sword canes, butcher knives, butter knives, box cutters, cigar cutters, cleavers, carpet knives, carpet cutters, carpet tucker knives, "cutting-in" knives, fish filleting knives, fishing gaffs; fruit paring knives, grape knives, vegetable paring knives, and hacking knives.) Some of these are unusual, and probably unheard of by the non-tradesperson.
Knife owners who plan to carry knives for any of the activities/classes of persons exempt from the general prohibition are strongly advised to document the nature of their exemption in order to avoid potential criminal prosecution.
Penalties for Breaching Knife Length Regulations
Violating Florida’s knife length regulations can result in serious legal consequences. While generally considered less severe when compared to other illegal weapons like guns or swords, the penalties for carrying a long knife as not to be considered any less severe. Those who violate this law can be charged with a third-degree felony and face up to 5 years in prison.
Florida Statute 790.23 prohibits any person from "own[ing], licens[ing], or carry[ing] a concealed firearm or carrying a concealed weapon." Some exceptions exist, such as police officers, military personnel, and licensed private investigators, which are defined in Florida Statute 790.001.
If you are found with a long knife concealed on your person, however, the law is strict and will handle all cases of knife crimes the same. You might think you could argue that you didn’t know the knife you were carrying was longer than the legal limit or that you felt you had a need to protect yourself if someone were to attack you , but any experienced attorney will tell you that courts don’t consider these types of arguments.
Possession of a knife—even an oversized one—is a felony on its own, meaning you will have to register and adhere to the same laws as seasoned criminals if you hope to keep yourself out of legal trouble. The penalties for criminal weapons charges vary depending on the severity of your infraction, whether you have previous convictions for criminal weapons charges, and so on, but they are still severe.
The typical starting penalty for violating knife length laws in Florida is a first-degree misdemeanor, and the maximum sentence you could get for this type of charge is a full year in prison, a fine of $1,000, or both. A second-degree misdemeanor, however, could lead to a six-month prison sentence, a $500 fine, or both, so these are not charges to be taken lightly.
And it’s not just knives that are covered under Florida law. Any long, visible weapon is outlawed, as is our right to bear arms. If you required a knife as a tool of your profession (like a paramedic), it’s best to be obtained through legal channels, such as acquiring a weapons carry license.
Knife Ownership Best Practices in Florida
If you decide to carry a knife in Florida, the best course of action is to educate yourself on the specific legal regulations and to choose a knife that complies with all state and local laws. Knife owners should be aware of the following best practices to ensure compliance and avoid legal entanglements.
Know Your Blade: It is critical to be able to properly identify whether your knife qualifies as a ‘switchblade knife’ under state law. Some knives, such as automatic knives, are often considered switchblades because they use a spring mechanism to assist in opening the blade. Automatic knives are legal in Florida provided they do not have a blade longer than 4 inches. You should only carry knives with an automatic opening mechanism when necessary. Concealment: Your knife must be kept concealed at all times. If you choose to carry an openly visible knife, you could face significant legal fines and penalties. Open carry is illegal even if you have a government-issued concealed weapons permit. Ribbons of cloth or flagging tape used to conform your knife to the concealment requirements of state law are illegal. Possession of a Knife by a Minor: While several state laws and restrictions apply to transporting a knife, it is important to be especially careful when the knife is being carried by a minor. In fact, as the parent or guardian of a minor carrying a knife, you are committing a criminal offense. Under Florida Statute 790.10, it is illegal to sell or transfer a knife to anyone under the age of 18. If you legally transfer a knife to a minor, you could be subject to a third-degree felony charge. Dangerous Knives: If you are not a knife aficionado, you may not be able to properly identify whether your knife is highly dangerous. If your knife is a bazai, stiletto, or other type of knife with a highly dangerous blade, it will be illegal to carry. Highly dangerous knives are classified as carrying knives having a pointed blade and no substantial, curved cutting edge. The blade must be carried in or on the hand and designed primarily for stabbing.
Cross-State Knife Legalities
When comparing Florida knife laws with those in other states, you’ll find several similarities and differences. For example, several states have knife laws that are modeled after the UCC. Generally speaking, the knife laws of the UCC are likely to be more restrictive than those found in other states. Some states have adopted the UCC for use with these items. However, Florida is not necessarily one of those states. The Florida Legislature adopted the UCC with the exception of the UCC’s definition of what constitutes a knife. Not long after the enactment of the UCC, for example, the Texas Legislature dropped the UCC’s 12-inch limit on knives that can be carried for self-defense as knives of any length can now be carried openly in Texas.
Rhode Island knives laws are similar to those of Florida . While some cities have restrictions regarding knives that are more than four inches, the state allows citizens to openly carry knives of any length, including swords and daggers. Of course, there are still rules and restrictions regarding where knives can be carried.
Arizona knife laws are also very similar in their language to those of Florida. Like Florida knife laws, Arizona prohibits the concealment of knives that are considered deadly weapons. Unlike Florida law, however, Arizona is not unique in the way that its knife laws are phrased.
Another example of a state that has enacted knife laws that are similar to Florida is Tennessee. All references to the term deadly weapon have been removed from the statute and replaced with other terms. Over time, more states may begin following this trend as well.
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