A Primer On Florida Knife Laws
A general overview of Florida’s knife laws is important for knife owners in this state to understand the legal framework for how knives are regulated. Florida’s knife laws can be broken down into three broad categories: 1) illegal knives, 2) knives generally illegal to carry and 3) knives that are legal to carry and sell. The last category would include automatic knives, which are legal to carry if they are not concealed and can be carried with a concealed weapon permit.
Illegal knives under Florida law include ‘dirks, bowie knives, daggers, and throwing stars." Any weapon within that category is illegal in the state of Florida. So in the case of a dirk, carrying a dagger on you as a means of self-defense would be illegal. The problem here is not how dangerous the knife is, but the nature of the weapon’s design. How it functions and looks is crucial in determining whether or not it is banned under state law.
In terms of knives that are generally illegal to carry in Florida, what essentially constitutes a knife under Florida law is a "stabbing knife . " Under this statute, under no circumstance can a knife be carried concealed. Having a concealed weapon permit does not change this fact. Even a sheath knife or a pocketknife that has a blade more than four inches in length would still be illegal in Florida.
Knives fall under Florida’s broad definition of a "weapon." There are two types of weapons that are illegal to carry. These would be firearms, rifles, and shotguns, and. the second is ‘dirks, bowie-knives, daggers, and throwing stars." An automatic knife is a knife that qualifies as a dirk, a dagger, or a throwing star, but will not qualify as a sheath knife or a pocket knife. So generally speaking, no person can carry an automatic knife. That’s all scrapped if one is using their automatic knife to defend themselves. Any knife that is necessary to defend yourself is permissible in Florida and you will not be prosecuted for using it.
Florida law says that any time a court finds the defendant convicted of carrying a concealed weapon, he or she shall be fined $500 or less, more than likely a $25 court cost and ordered to perform 100 hours of public service work.
The Common Law Definition of Automatic Knives
As I briefly touched upon in the Introduction, under Florida law, automatic knives are defined as "Any knife which has a blade that opens by a mechanical device propelled by spring action or any other kind of mechanical contrivance or any knife that falls or is ejected from the handle or sheath thereof by the force of gravity or by an outward thrust or movement of the wrist, or any kind of knife with a blade that is released from the hand by an explosive effect."
Although this is the legal definition of automatic knives in Florida, the wide scope of this definition is not strictly adhered to by Florida courts. The qualification of "any knife" in the statutory definition makes it appear that all knives having a spring mechanism are automatically classified as automatic knives. However, under Florida law, automatic knives are specifically defined as described above. Consequently, a blade having a spring mechanism that does not release the blade from the handle of the knife is not classified as an automatic knife. Furthermore, even if a knife does have a spring mechanism that releases the blade from the handle, if the blade does not fall or is not ejected from the knife after that release, the knife would not be classified as an automatic knife.
Therefore, based on the strict and limited definition of automatic knives, it does not appear that most types of switchblades and other folding knives with openings mechanisms are considered automatic. It should also be noted that merely classifying a knife an automatic knife does not necessarily prohibit its possession, carry or sale under Florida law. In the next section of this article Automatic Knives – General Law, we will discuss the criteria commonly used by Florida courts in prohibiting certain types and sizes of automatic knives.
Possession and Carrying
The possession and carrying of automatic knives in Florida is subject to the laws and regulations associated with knife ownership generally, such as Florida Statute 790.001, which relates to the definitions of particular immovable knives. Generally, Florida law on the possession and carrying of any knife, including automatic knives, is divided into the following locations: Outside of a private abode, a place of business, and a private conveyance (vehicle), the statute governing the carrying of concealed knives is Florida Statute 790.01, entitled "Carrying concealed weapons", as referenced above. Under Florida Statute 790.001(3) a person is permitted to carry concealed, any type of knife not termed a "ballistic knife". Ballistic knives, also sometimes termed "belt buckle knives", are illegal to have on one’s person outside of a residence, business, or conveyance. Based on Florida Statute 790.02(3) while carrying concealed any type of automatic knife is a felony of the third degree. So, the general rule is that if you are in a public space such as a park, sidewalk, or other publicly owned vacant land you cannot carry a concealed automatic knife. It should be noted however, that in constructing the statute referenced above, the legislature considered concealed automatic knives to be the same as concealed daggers, dirks, swords, or spears. This means that the analysis above remains valid, whether an automatic knife is termed an "automatic knife" or a "switchblade knife", and whether it is considered the same as a "dagger", "dirk", "sword" or "spear". For example, though switchblade knives are not expressly listed in Florida Statute 790.001(3) as the types of knives considered equivalent to swords or daggers for the purpose of prohibiting their carry in Florida, section 790.001(3) naturally extends to cover such knives.
Exemptions or Exceptions
Exceptions and Exemptions might provide a lawful avenue for individuals to carry certain types of automatic knives. For instance, law enforcement officers, both active duty and retired, are generally exempt from the law. Similarly, active duty military personnel may also carry automatic knives as part of their issued gear. Members of agencies such as the Coast Guard, National Oceanic and Atmospheric Administration (NOAA), Merchant Marine, Army Corps of Engineers, Public Health Service and any other branch of the armed forces are exempt as well. So, for individuals in these professions, then, it is generally lawful to carry and possess an automatic knife of any kind, even if it is a switchblade.
A further exception may be available to individuals who face a bona fide physical danger that would be heightened by the individual carrying a non-automatic knife. This means that a person with specific concerns over their safety may be permitted to apply for a hardship exemption from further prosecution.
Penalties Associated with Florida Knives
The violation of the aforementioned knife laws can have serious legal consequences for those who are found to be in possession of illegal knives. The first offense for possessing an automatic knife is a First Degree Misdemeanor under 5B-11.15. A second offense for possessing a prohibited knife is a Third Degree Felony under 5B-11.16. Making or possessing an automatic knife or other prohibited knife in violation of 5B-11.13 is also a First Degree Misdemeanor, however if the knife is concealed it becomes a Third Degree Felony under 5B-11.14.
The punishment for a First Degree Misdemeanor in Florida is up to one year in county jail and/or one year probation, and/or a $1,000 fine. A Second Degree Felony is punishable by up to fifteen years in prison. A Third Degree Felony is punishable by up to five years in state prison , and each felony is also subject to the imposition of significant fines, fees and costs, along with a permanent felony conviction which can have a number of long-term ramifications for the convicted individual, including loss of civil liberties (not being able to own a firearm, vote, etc.) and employment and housing issues.
In certain cases, such as in an emergency or when the outside temperature is colder than F.S. § 790.001(3)(a)(1), and other exceptions, a knife may be possessed legally. However, it is critical that the exception is fully satisfied or the knife may be held as illegal. Illegal knives are subject to seizure, and non-weapon charges typically stem from false weapon charges if an individual is charged in these circumstances.
New Developments or Changes in knife Laws
The most significant change to Florida’s automatic knife laws occurred in only the last few years. The state only decriminalized the sales and distribution of automatic knives for non-law enforcement purposes, allowing fully functional automatic knives to be sold, transferred, displayed, manufactured, imported, or possessed. However, the law specified two requirements that must be met. First, one of the actuating mechanisms could be disabled, meaning that the blade could not open automatically. Second, the blade must have a false "safe release button." This means that the safety button would be there so that the knife closes when the button is activated, but it is essentially not functional. The new law also required that all automatic knives have "a firmly affixed blade which is four inches or longer in length." Despite that the blade must be longer than four inches, the statute did not allow for the ban of automatic knives longer than five inches. The law also criminalized the sales and possession of undetectable knives.
Subsequent changes occurred in 2018 to Florida’s automatic knife laws by permitting the manufacture, sale, display, transportation, importation, and transfer of automatic knives in unrestricted settings. However, the blades must be four inches or longer in length with a secondary back-up mechanism, meaning that all automatic knives must have both an automatic mechanism and a backup safety mechanism. In other words, an automatic knife must be equipped with two separate mechanisms: the actuator button and then a pinned mechanism across the spine of the handle so that it does not close on the user. Statutory changes set forth in the Florida Real ID Act (Senate Bill 168) further specified that knives made of metal must, in fact, contain metal so that they meet the federal definition of a "detectorable" knife.
Some Considerations for Knife Owners
Here are a few practical tips knife owners should keep in mind when it comes to knife laws:
Carrying blades: If you don’t want to worry about whether your blade is a concealed weapon or not, keep it sheathed outside of public view. This way, you won’t run afoul of state law by having a blade in your waistband.
Liner locks and thumb screws: Most folding knives sold have a liner lock and other features (such as a thumb screw or release mechanism) that make the blade lock into open position. These features qualify them as "switchblades" under Florida law, therefore making them illegal in Florida — with the exception of those that are generally manufactured and used for the purpose of fishing, hunting or camping.
Balisong knives: The term "balisong" refers to those classic "butterfly" knives with dual handles that fold out to reveal the blade. Balisong knives are not actually illegal , but Florida law implies that you must carry them like a folding knife; concealed and sheathed outside of public view. However, because the flip-action exposes the blade quickly and strengths the handle, prosecutors have had success convicting users under "switchblade" laws. Knives with a latch or drainage hole to allow for the latch to drain blood have fared better as an exception thanks to case law addressing them.
Kitchen utensils: No knives bought for use in the home should ever be an issue in Florida. While a prosecutor might try to argue against your defense, any knife bought for its use in hunting, fishing or camping and kept for those reasons should not attract criminal liability as long as you keep it sheathed and outside of public view.