Tampa, FL asked in Consumer Law and Federal Crimes for Florida

Q: Ballistic knives are basically banned everywhere around here. What about ballistic spikes?

It's hard to find a state where a ballistic knife isn't banned. In Florida, they're the only knife that is banned by name. My question is, what about a ballistic spike? If the protruding portion of the spring-based weapon doesn't have a sharp edge along the length, but instead only one sharp spike that points at the end, would that be considered "not a knife" and not be banned under a ballistic knife ban?

They're also banned at the federal level, but the federal level only deals with importations and sales made across state lines, so if the knife is made and sold in a state where they're legal, they're legal, as far as I understand it.

It's not like any of that is sold around here, but it sounds like an easy loophole to poke fun at.

Related Topics:
2 Lawyer Answers
Michael  Mayoral
Michael Mayoral
  • Coral Gables, FL
  • Licensed in Florida

A: There is an old saying in criminal defense: “You might beat the case, but you won’t beat the ride to jail.” Basically, while you may be right that a spike is not the same thing as a blade, a police officer may not agree with you and might arrest you anyways, and then you will have to fight this spike/blade issue in court with an open case - a less than optimal situation. You are correct that, arguably, a spike does not sound like a “knifelike blade” as stated in the statute. However, you don’t want to be in the position where you have been arrested for this and are trying to have the case dismissed based on the definition of a blade/spike. Interesting question/thought experiment though.

Terrence H Thorgaard agrees with this answer

Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: At any rate, the carrying of either "ballistic knives" or "ballistic spikes", as you define them, is not permitted, either concealed, or not concealed. See


Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.