Overview of Florida’s Knife Laws
The legal framework for knife ownership and use in Florida is a complex one; however, this section will provide a basic overview of the rules as they currently exist. Keep in mind that laws change on a regular basis, so the information here should be verified to ensure its accuracy.
The law applies both to ownership and use. Essentially, knife laws prohibit the use of knives as weapons, but the laws are much more vague on the acceptability of owning knives for other reasons such as hunting or collecting. For this reason, knife laws are generally limited to prohibitions on members of the general public being armed with knives. In practical terms, this means that you want to stay away from using knives in a menacing manner in public, and obviously if you hurt someone with a knife you can expect a serious legal consequence. For instance, Cutting someone with a knife or stabbing someone in the torso can result in serious felony charges .
For purposes of the law, different types of knives can be classified as different weapons. Daggers, dirks, and stiletto knives are illegal to carry in public in Florida. Switchblade knives and ballistic knives are also illegal to own. However, the laws are still being developed, so it’s a good idea to ask a lawyer about particular types of knives before assuming a knife you might own is illegal or not. For instance, the simple differences between a fixed blade knife and a folding knife can lead to vastly different legal interpretations regarding their legality.
In addition to the types of knives above, the law defines what it means to "exhibit" knives "in a threatening manner." The law says that you cannot exhibit a knife to another person in a way that is likely to cause alarm. It is important to note that the law does not require that the person actually feel alarmed, only that the actions are reasonably likely to cause alarm in the circumstances.
Specifics About Fixed Blade Knives
The state law definition of a "fixed knife or dagger" is codified within Florida Statute § 790.003(1)(a) and includes the following verbiage: "Any dirk, dagger, knife, or instrument having the appearance of a Dirk, dagger, or knife, including any stiletto knife, [which is] any fixed bladed knife 4 inches or more in length … the blade of which is capable of being locked into the fixed position by means of a sheath locking mechanism, spring or other mechanical means, upon withdrawal from or retraction into a sheath or other holder … ." Florida law does not prohibit fixed blade knives as weapons; the law does not even consider them weapons in the first place. However, in order to be in compliance with the law, it would do you well to avoid (at least until further notice) any actions that might give the police officers an "excuse to stop you," as provided through case law. In other words, "there is no crime for which an arrest can be made." As with most types of weapons like swords and throwing stars, the law states that the mere possession of a fixed blade knife on your person is not illegal. The main issue in relation to fixed blade knives (and knives in general), is that they cannot be used in a criminal act. In other words, while it is perfectly legal and acceptable to have a fixed blade knife on your person for self-defense, you run afoul the law if that knife is used to injure anyone. With regard to youth carrying fixed blade knives openly, the law states that if you are 23 years of age or older, you do not need a permit; there are no other restrictions or requirements. However, if you are under the age of 23, it is not legal to have a fixed blade knife on your person unless you have a Concealed Weapon License. You may be interested to know whether concealed carry permits apply to fixed blade knives. Florida Statutes §§ 790.013, 790.015 outlines laws about concealed weapons (sheath knives being considered a concealed weapon). A permit, commonly referred to as a Carry Concealed Weapon License, is required. In this case, you would be required to pay a fee to obtain such a license.
Carrying Fixed Blade Knives
Carrying a fixed blade knife in Florida is generally not permitted in public places under the law. This restriction is in line with the general prohibition against carrying "any dirk or dagger" concealed on one’s person in Florida.
Florida Statute 790.01, section 2, provides that:
Whoever carries a concealed weapon on his or her person without a license to carry the same as provided in this chapter commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.087.
For purposes of Florida’s regulations on concealed carry laws, Florida courts have defined "dirk knife" as "nothing other than a recognizable form of a knife with a double-edged blade and sharpened on both edges of the blade and coming to a point at the opposite end." (See Davis v. State, 564 So.2d 1276 (Fla. 1st DCA 1990).) Concealed carry laws apply to knives of any type, so long as the knife is concealed within one’s home, motor vehicle, or place of business, even if that is a small business like an art gallery. Likewise, even with a concealed carry permit, you’re still prohibited from concealed carry knives on certain property, like schools or courthouses. However, while fixed blade knives are typically prohibited from carry in public places, F.S. 790.01(3) contains an exception for fixed blade knives with blades 4 inches or longer, for "lawful activities such as hunting, fishing, or camping." Courts have found that fixed blade knives 4 inches long or less do not fall under the possessor’s determination of "lawful activity."
The case of Hobby v. State, 175 So. 2d 214 (Fla. 2d DCA 1965), is instructive on Florida’s knife laws. In Hobby, the defendant, a deputy sheriff, was called to a domestic dispute at a neighbor’s house and was asked to accompany the complaining party back to his home. Defendant Hobby, who had worked exclusively as a law enforcement officer since 1957, was carrying an army-issue fixed blade knife in a sheath, which he normally used for "chopping cane poles and other such purposes." The deputy entered the complainant’s house with the fixed blade on his right hip. The Sword was observed by an officer and was confiscated.
Hobby argued that the knife’s concealment was unintentional and the result of forgetfulness or oversight. He further argued either that the presence of the knife within his own home or the long size of the knife rendered it lawful. The court disagreed. The court found that the fixed blade knife was not concealed after examining the facts, and that the statutory exception did not apply.
The court declined to recognize an exception to the statutory ban on the concealed carrying of fixed blade knives by those who are not law enforcement officers, and certainly not a carry of such a knife under circumstances as presented in Hobby.
Penalties for Using a Fixed Blade Knife
Penalties for Violating Knife Laws in Florida
While Florida does not recognize a specific offense for the unlawful carrying of a knife, it is a crime to carry certain knives and also to carry a knife on school property. The penalties for violating Florida knife laws can vary significantly depending on the circumstances of the incident and how much the relevant statutes’ language was stretches by law enforcement and prosecutors.
The F.S. 790.07 prohibition on concealed possession of "Dirks, bowie knives, daggers, and spears" is a first degree misdemeanor. As such, conviction of this type of offense can lead to up to one year in county jail and/or fines of up to $1,000. The same is true of the prohibition on possessing knives on school property (FS 810.12). Violations can be charged as either first degree misdemeanors or, if the knife involved is a dirk, bowie knife, machete, or other deadly weapon (as defined by F.S. 790.001) , as a third degree felony, which carries greater penalties including a maximum sentence of five years in prison and a fine of up to $5,000.
Any charge related to knives is very likely to come with the possibility of a mandatory enhanced sentence under the state’s 10-20-life law if a prosecutor believes they can prove that the weapon was used during the alleged crime. Offenses that trigger this penalty include, but are not limited to:
All of these crimes can result in prison sentences of seven years with maximum sentences being life imprisonment.
Because it is not uncommon for knife-related offenses, such as aggravated assault or aggravated battery, to be charged along with violations of the state’s knife laws, a criminal defense attorney is often able to secure reduced sentences or outright dismissals of charges connected to knife possession while ensuring his client is adequately defended against more serious charges.
Knife Laws in Surrounding States
Florida’s knife laws are fairly consistent with those of neighboring states. Georgia has much more latitude than Florida does when it comes to bringing knives into public places. Despite laws that generally avoid knife possession, it is common to encounter swords, large knives, or even machetes carried by people downtown in Atlanta. Alabama’s laws align well with Florida and Georgia, but South Carolina is somewhat different. Open carry in South Carolina is only permissible if you have a concealed weapons license, and Alabama residents must have a permit to carry a dagger or dirk, which is unlike Florida law.
Tennessee’s knife laws are confusing, and some restrictions on blades longer than 4 inches as well as daggers, dirks, and stilettos remain in effect, despite a more recent laws passed in 2013 to loosen restrictions on switchblades and auto knives.
Mississippi has very few restrictions on knives, but knives must comply with local ordinances. Alabama law prohibits the possession of a knife with a blade over 12 inches in a manner to cause alarm to the public. Louisiana shares the same prohibitions as Alabama with regard to knives with blades longer than 7 inches, and possession of knives with blades over 2.5 inches must be concealed or not within reach in a vehicle.
Consultations with Attorneys
If you’re not entirely sure whether your type of fixed blade knife is legal, legal advice can sort out the confusion. Most likely, you purchased your fixed blade knife in a Florida shop or online. Florida laws are clear about what constitutes a concealed weapon and it may be possible that your knife aligns more with the practical purpose of a utility knife than a weapon. Regardless, if you’re concerned, it never hurts to seek liability.
A lawyer is the best person to go to about Florida weapon, gun and concealed carry laws. If nothing else, he or she will be able to point you in the direction of where to go. The American Bar Association has a lawyer referral directory for each of the 50 states.
Once you have the name of a lawyer, you will probably want to do some research to see if he or she is your best bet.
Google is #1 in search rankings for a reason: It’s comprehensive . From court cases to lawyers in your area, you can see any sort of information on a topic with just a few words. You may even get to see some reviews left by previous clients.
Local directories are similar to Google and are housed on various sites. For example, Super Lawyers provides a list of lawyers in your area that have been peer-reviewed. It can be a good way to find a good-match lawyer.
Legal Aid is a great go-to when you need help. These are nonprofit organizations that offer free legal assistance. They are supported by public contributions, fees paid by clients and so forth. Their ticket for help isn’t finding a lawyer. It’s sorting through problems to get you to right resource.
LawHelp is another great resource for all US citizens in need of legal aid. Here, you’ll find information about the law and legal services nearby.
