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November 22, 2011

Is a common pocket knife considered a "weapon" in Florida?

By Nicolas Babinsky

Under Florida's definition of what is considered a "weapon", a "common pocket knife" is listed as an exception so a "common pocket knife" is NOT a concealed weapon.

 

Florida statute 790.001 subsection (13) defines the word weapon as follows:

 
(13) “Weapon” means any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife.
 
No statute in Florida goes on to define, "common pocket knife". However, over 20 years ago, the courts in Florida have ruled that a "common pocket knife" is essentially a knife that has a blade of 4" or less. It is still unclear whether or not a "tactical" type knife (knives with serrated edges, black blade, or assisted opening knives, etc.) would be considered a "common pocket knife" even if if it has a blade under 4 inches in length.
 
An argument can be made that a common pocket knife today is not what a common pocket knife was when the court ruled that a common pocket knife was a knife defined only as a knife with a blade of 4 inches or less. For example, the common car of today has satelllite radio and GPS capabilities. A car of 20 years ago did not.
 
If you are carrying a common folding knife with a usual looking blade of 4 inches or less it would be safe to assume you are not carrying a "weapon" under Florida law, are not violating any law, and do not need a concealed weapon permit.
 
If you want to carry whatever you want, get a Florida concealed weapon carry permit.  
 
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Nicolas M. Babinsky

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