Knife Possession Regulations in Florida
Florida has several laws surrounding the possession, use, concealed carry, and open carry of blades. Generally speaking, the state of Florida permits the possession and use of knives and other blades so long as it is not done in a manner that is contrary to public safety or order. A name, brand, or category of knives is not specifically prohibited by Florida law. For example, there is no category of blades in Florida that is referred to as "switchblades" or "Dirk knives." Instead, blades are grouped together in broad categories. Simply possessing or carrying a blade is not itself a crime in Florida, depending on the type of blade. The crime of possession or carry of a "weapon" is only committed if certain conditions exist. The statute defining "weapons" in Florida is found in Florida Statute Section 790.001: "(13) ‘Weapon’ means any dirk, knife, or two-edged razor blade, other than a common straight razor, not included in the definition of ‘firearm’ in subsection (6)." Florida knife laws encompass a huge variety of blades so long as the blade is not a dirk or a razor blade (other than a straight razor). Because Florida law does not define a "knife," it can be said to include all objects that are dangerous by virtue of their sharp nature. Specifically, Florida Statute Section 790.001 says that "weapons" includes "any dirk, knife, or two-edged razor blade," but does not define any of the terms used, including "dirk" or "knife." When the legislature does not provide a definition for a term used in legislation the courts will use common understanding of the terms. Use of common definitions shows that even though "weapons" in Florida law refers to a "dirk" or "knife , " the definition can be very broad. For example, folding knives, kitchen knives, box cutters, machetes, and almost all other types of blades are "knives" under the Florida definition and so fall under the law prohibiting "weapons." In addition, Florida law prohibits carrying a "weapon" in public or while engaged in a business unless the "weapon" is "clearly visible…. One thing Florida law does clearly prohibit is possession of a "short-barreled rifle," "short-barreled shotgun," or "machinegun." Under Florida Statute Section 790.221, it is illegal to possess a short-barreled shotgun (defined as a shotgun "having one or more barrels less than 18 inches in length" or "which has been modified with an overall length of less than 26 inches.") It is also illegal to possess a short-barreled rifle (defined as a rifle "having one or more barrels less than 16 inches in length" or "which has been modified with an overall length of less than 26 inches")." The term "knife" is fairly broad under Florida law. For purposes of Florida knife law, courts have defined a dirk as follows: "A dirk is a slender, aimed, double-edged" blade. It is often used as a thrusting knife as well as a cutting weapon. It has a cross piece or handle and a tapering shank that ends at a point." Courts have also held that the term "knife" includes "all knives regardless of type or size." Florida law explicitly prohibits some types of knives. The dagger and sword, are therefore prohibited by Florida law. Although Florida law uses the term "dagger," which courts have held to mean "dirk," the Florida Constitution has strict safety rules that protect the use and carry of dirk knives.
Knife Length and Florida Law
Depending on the type of knife, certain lengths can be considered concealed weapons or dangerous weapons under Florida law. The law does allow for possession of knives without a permit if the knives are used for legitimate purposes. However, there is confusion over concealability and placement that can lead to trouble with the law. The following represents what can be considered legally concealable knives in Florida: While the law does not impose limits on blade length up to the sizes below, the law specifies conditions for carry and limitations on the use of these knives.
The following represents the maximum legal knife length for open carrying in Florida: Florida laws prohibit the concealed carry of knives with blades longer than four inches or those that are classified as dangerous weapons. The law bans the carry of a variety of knives, including the following:
- big bowie knives
- spring-assisted knives
- ballistic knives
Florida law prohibits the carry of any knife that can be easily concealed, so long as it is possession by a felon. The state adds that those convicted of certain offenses against the elderly cannot carry knives like the following, regardless of concealability:
- daggers
- dirks
- stilettos
- or any other deadly weapon used in a stabbing motion
Knives can be legally carried in Florida, but if the knife is one that requires a permit to carry or falls into one of the categories prohibited by law, that knife should not be carried in a concealed manner. Similar to language seen in most states, concealed carry is defined as carrying a knife in the manner that is not discernible to others. If a knife is seen as particularly dangerous or bad for public health, safety, and morals, it can be considered a dangerous weapon and therefore prohibited in all circumstances.
Exemptions from Knife Size Requirements
There are a few notable exceptions to Florida’s knife possession law. These include knives carried for religious reasons, knives intended for use at work, and knives used for medical purposes. These exceptions may allow you to carry a knife considered legally illegal on technical grounds, but you want to take care to meet the requirements as set forth in Florida statutes to avoid an arrest. Even if you are carrying a knife under one of these exceptions, when dealing with the police, make clear what exception you believe you fall under. A positive way to do this is to keep the three relevant Florida statutes (785.05, 790.001, and 790.02) accessible on your mobile device, so you can refer to them and explain how you are legally carrying your knife.
There are also special permits that somewhat alter Florida’s law regarding knife length. Often, knives over four inches in length are allowed for religious purposes. Similarly, knives longer than four inches may be carried for work or professional purposes. You must be able to show the knife is necessary to your work. For example, a carpenter or landscaper who carries a knife for professional uses could show their employment contract, if they have one, as proof they need the knife for work. If you are ever arrested for carrying a knife over four inches in length, you should ask your attorney whether these or other exceptions apply to you, as there is always a possibility of an exception.
Penalties for breaching Knife Length Laws
Fines and Penalties for Knife Length Violations
Violating Florida’s knife length laws can lead to serious criminal penalties. In most cases, violating the state’s knife length laws is a first-degree misdemeanor and can result in a fine up to $1,000, with potential jail time of one year.
If a person previously violates the statute by carrying a knife with a blade longer than 4 inches and is later discovered carrying another knife of similar length, they face a third-degree felony, which can lead to fines of $5,000 and prison time of up to five years.
There are several exceptions listed in the law for prohibited knives . These are provided below:
While the law does provide exceptions for certain types of knives, like switchblades, those found to possess a knife that would otherwise be found to be illegal are still subject to prosecution under section 790.10. Even those caught, for example, using a switchblade in a legal manner (such as in self-defense) can be charged criminally under the law.
This is why it is so important to have an attorney who understands how knife laws in Florida work so that you are given the best defense possible if you face such a charge for carrying a knife without realizing it is illegal.
Knife Laws in Other States – How Does Florida Compare?
To better understand Florida’s knife laws, we can look at a few simple examples of how other states (and thus, the federal law) treat knives:
Virginia
– Any knife less than 3 inches is legal. A knife over 3 inches can be carried but only concealed; longer than 6 inches is prohibited.
– All automatic knives (switchblades) are illegal. Concealed carry knives are illegal as of 2004.
Texas
– Knives with blades over 5.5 inches may only be carried if they are concealed, and members of certain professions (e.g. law enforcement, lawyers, etc.) are exempt from this restriction.
California
– Certain knives longer than 2.5" may not be concealed or carried in public. However, the law does not offer any information about automatic knives; these knives fall under the "hell no" rule as a Prohibited Weapon.
Alabama
– Alabama is very similar to Florida in that knife restrictions apply to blades over 2″. However, all kinds of knives are legal to carry.
Oregon
– In Oregon, daggers, dirks, stilettos, push knives and knuckles are prohibited in any form (open or concealed). As with Alabama, the only restriction on knives with blades over 4″ is that they cannot be carried concealed.
Kentucky
– Knives with blades of any size may not be concealed nor may they have a molded grip. Similar to Virginia, certain professions (i.e. law enforcement, soldiers, government employees, security guards, etc.) are exempt from this rule.
Additional Tips On Knife Ownership in Florida
Here are a few practical tips for knife owners in Florida to avoid potential issues with the law:
1. Check the length of your knife blades and carry them concealed. As discussed throughout this post, there are no blade length limitations in Florida so there is no objective measurement to avoid arrest, but many police officers and prosecutors use common sense to classify larger blades as illegal weapons. I have found that many prosecutors will refrain from filing charges if you have a small knife blade (such as one that fits in the palm of your hand), but they will not hesitate to press charges if you have a knife with a very large blade (such as a Bowie knife) which is more closely associated with used during criminal acts.
Most knives should be carried concealed to stay out of trouble. There are exceptions to this rule about the concealed carry of knives, such as for restaurants, bars, or other social gatherings where having a knife on you would be disruptive to the atmosphere. I would encourage knife owners to be cautious when carrying knives openly in public places, and if you notice that you are getting people’s attention with your knife then this may be a sign that it’s time to conceal your knife.
2. Know what knife types can be purchased at stores and online. If you are in the market for a new knife, I would encourage buyers to stick with folding knives and avoid double-edged blades. Many stores (like Amazon) will not sell "combat knives" , though some online retailers do and it is easier to find these if you do not visit the retailer’s website directly.
3. Know what knives you can legally sell to others. There are many common knives that can be sold to other Floridians, but these include folding knives and kitchen knives. Butterfly knives and double-edged combat knives can only be sold to law enforcement and certain other occupations that require them (like military members) and knife store owners have been prosecuted in the past for selling these types of knives.
There are also a few less common knives like cane knives, sword canes, blackjacks, swords, sabers, balisongs, blow darts, and the like that can only be sold to law enforcement and other occupations requiring them.
4. If stopped, use caution when speaking with police officers. First of all, I tend to become alarmed when I hear of people being stopped by law enforcement for simply carrying a knife that they were legally permitted to possess. The police have broad powers to stop individuals if they suspect a crime has been committed and they commonly stop people who are carrying knives for simple investigatory purposes. However, "those who ask for permission to be searched, when they are under no compulsion to speak or go forward, may be making a critical decision which will, at some future time, be suspect." Fr. v. Smith, 766 So.2d 250, 254 (Fla. 2000). I would encourage all knife owners to be respectful and polite to police officers who find their knives suspicious, but don’t over share any information regarding your knife.