Clermont, FL asked in Criminal Law for Florida

Q: Can I carry a 3 inch fixed blade knife under my shirt or jacket when hiking, jogging, and everyday carry?

I have carried an knife on me as an everyday item when I leave the house for nearly a decade. However after moving to Florida I was made aware of some knife laws that my previous home state didn't have. I strongly prefer fixed bladed knives because they are built stronger and easier to handle as I often go hiking and other outdoor activities. I am to understand that if the blade is under 4" I can have it concealed with no problem? My concern is because I carry a fixed blade (Esee Izula 2 attached to my belt under my shirt) I am having difficulty understanding of there are any changes in the laws I should be aware of.

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Florida Statute 790.001(13) provides that “Weapon [the unlicensed carrying of which is prohibited by Florida Statute 790.01] 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." I don't see anything in the statute pertaining to the length of the knife.

Jonathan Blecher
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Answered
  • Criminal Law Lawyer
  • Coral Gables, FL
  • Licensed in Florida

A: The only law that regulates knife length in the State of Florida concerns pocket knives. Common pocket knives must measure less the four inches to qualify for concealed carry. Any pocketknife measuring more than four inches is considered a banned weapon under concealed carry statutes. Ordinary pocket knives, ones able to be carried in a concealed manner without a permit, must be less than 4 inches in length. Anything of this length or longer will require a permit in order to carry concealed.

Open carry of knives, without regard to length, is unregulated in Florida.

Florida law does not clearly define “common pocketknife,” although several judicial decisions have established some legal guidance. The question as to what constitutes a pocketknife is often left up to a judge or jury, which adds little substance to concealed weapon statutes banning specific weapons.

Courts have interpreted how to measure knife blades differently. Some courts measure a knife blade from the bottom of the exposed section of the blade to the blade tip. Other courts begin blade measurement at the base of a blade hidden by a knife handle.

A fixed blade knife is illegal to carry concealed in my opinion.

Here's a pic of a compliant pocketknife: https://images-na.ssl-images-amazon.com/images/I/71m0VFwznaL._AC_SL1500_.jpg

County ordinances may pose a problem, too. Take a look at Miami-Dade Ordinance Sec. 21-14 https://library.municode.com/fl/miami_-_dade_county/codes/code_of_ordinances?nodeId=PTIIICOOR_CH21OFMIPR_ARTIIIWE_DIV1INGE

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