Understanding Florida’s Knife Laws | Florida Criminal Defense Lawyers (2024)

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Understanding Florida’s Knife Laws | Florida Criminal Defense Lawyers (1)

You know there are gun laws that control which firearms you can own, how you can carry them, and where you can take them with open and concealed carry. However, did you know Florida’s law against concealed weapons can apply to your knives? There are some circ*mstances in which you could be charged with a crime if you are carrying a large or certain type of knife.

Florida’s Concealed Carry Law

Under Florida Statute 790.01, anyone who carries a concealed weapon without a license on his or her person commits a first degree misdemeanor. A concealed weapon is carried on a person’s body in such a way as to be hidden from sight from other people and includes:

  • Dirk, which is a type of short dagger,
  • Metallic knuckles,
  • Billie, which is any type of club,
  • Tear gas gun,
  • Chemical weapon, or
  • Any other deadly weapon, including knives.

A first degree misdemeanor is punishable by up to 1 year in jail and a $10,000 fine.

What Knives Are Legal to Own?

Almost all knives are legal to own, even knives that are large or disguised as other items. This includes:

  • Pocket knife;
  • Multi-tool with a knife;
  • Balisong or “butterfly” knives;
  • Belt knives;
  • Cane knives;
  • Bowie knifes;
  • Throwing stars; and
  • Throwing knives.

Illegal Knives in Florida

The only type of knife that Florida regulates the sale and ownership of is ballistic knives. This is a type of knife that has a detachable blade that can be shot a significant distance when a trigger, lever, or switch is activated. It is different from a pocket or flip knives because the blade can become completely unattached from the hilt or base. Under Florida law, it is illegal to manufacture, display, sell, own, or possess any ballistic or self-propelled knife. Any person found with a ballistic knife will be charged with a first degree misdemeanor.

Lawfully Carrying Knifes

While almost all knives are legal to own and carry in the open, they cannot all be carried as a concealed weapon. Knives for work like box cutters and multi-tools can be carried in your pocket or clothing. Generally, if the knife has a blade shorter than 4 inches it will be fine. However, if you conceal carry a knife that is significantly large or qualifies as a dirk, you may be charged with a crime.

Check Your Municipal Code

Some counties in Florida regulate weapons like knifes slightly differently from state law. If you are not sure of your rights, check your local municipal code.

Contact a Kissimmee Criminal Defense Attorney For Help

If you have been arrested and charged with carrying a concealed weapon due to a knife, contact the skilled criminal defense attorneys of Salazar & Kelly Law Group, P.A. at 407-483-0500. We understand that Florida’s law regarding knives can be vague and confusing. We will help you face these charges in court and prove your innocence.

Resources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/Sections/0790.01.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0790/Sections/0790.225.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/Sections/0790.001.html

Understanding Florida’s Knife Laws | Florida Criminal Defense Lawyers (2)Understanding Florida’s Knife Laws | Florida Criminal Defense Lawyers (3)Understanding Florida’s Knife Laws | Florida Criminal Defense Lawyers (4)

Understanding Florida’s Knife Laws | Florida Criminal Defense Lawyers (2024)

FAQs

Understanding Florida’s Knife Laws | Florida Criminal Defense Lawyers? ›

Florida Knife Length Law

Can you defend yourself with a knife in Florida? ›

Florida Self-Defense Law

Knives, pepper spray, Tasers, and stun guns are common self-defense tools used across Florida.

Can a convicted felon carry a knife in Florida? ›

In Florida, the possession of certain weapons, including knives, by convicted felons is generally restricted. Under Florida Statute 790.23, it is unlawful for a person who has been convicted of a felony to own, possess, or carry a firearm or any "electric weapon or device" (such as a stun gun).

Can I carry a 4 inch knife in Florida? ›

Open carry of knives is generally permissible for knives with blades shorter than four inches, while the rules for concealed carry are more stringent. According to state law, carrying a concealed knife with a blade longer than four inches requires a concealed weapon or firearm license.

What is the statute 790.06 in Florida? ›

License to carry concealed weapon or firearm. (1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee.

What is the right to defend yourself in Florida? ›

(1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other's imminent use of unlawful force.

Can you pull out a knife if someone tries to fight you? ›

Pulling out a knife should only be considered if your life is in immediate danger. However, if someone breaks into your residence without invitation, it is generally assumed that your life is in jeopardy.

What self-defense weapons can a felon own? ›

They are prohibited from owning, purchasing, receiving, or controlling firearms. Also, people with outstanding felony warrants are forbidden from owning or possessing a gun. It is legal to purchase, possess, or carry a stun gun or taser for lawful self-defense as defined under Penal Code 22610 PC.

Can a felon own a gun in Florida after 10 years? ›

Requirements to have your firearm rights restored following a felony conviction in Florida include: Eight years have passed since you completed all sentencing. There are no outstanding detainers or financial penalties worth more than $1,000 for any convictions or Florida traffic violations.

Can a felon live in a house with a gun in Florida? ›

If I am a convicted felon, can my spouse have a gun in our residence? Generally, no. Even though your spouse can legally possess the gun, since a firearm is in the home it is considered constructive possession.

What is the longest blade you can carry in Florida? ›

Florida Knife Length Law

Blades shorter than four inches, like those of a pen knife or pocket knife, can be concealed on your person or in a bag or purse without a permit. If you wish to carry a concealed knife with a blade longer than four inches, you will need a deadly weapon concealed carry permit.

What is a dirk knife? ›

A dirk is a long-bladed thrusting dagger. Historically, it gained its name from the Highland dirk (Scottish Gaelic dearg) where it was a personal weapon of officers engaged in naval hand-to-hand combat during the Age of Sail as well as the personal sidearm of Highlanders.

What self-defense weapons are legal in Florida? ›

(2) A person may openly carry, for purposes of lawful self-defense: (a) A self-defense chemical spray. (b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.

Can a police officer take your gun during a traffic stop in Florida? ›

Ask you to remove it from your body: The cop might ask you to exit the vehicle so they may remove the gun from your possession. They will ask you to place your hands on a stationary object, and they will remove it from you. Once the traffic stop is over, they should return it to you.

Are warning shots legal in Florida? ›

In 2014, Florida Governor Rick Scott signed what is known as the “Warning Shot” bill into law. The warning shot bill allows for the defensive display of a weapon or firearm, including the discharge of a firearm for the purpose of a warning shot, without constituting as the use of deadly force.

What is the statute 723.061 in Florida? ›

[5] Section 723.061(1)(d), Florida Statutes, allows a mobile home park owner to evict a mobile home owner, a mobile home tenant, a mobile home occupant, or a mobile home for: "Change in use of the land comprising the mobile home park, or the portion thereof from which mobile homes are to be evicted, from mobile home ...

Can I carry around a knife to defend my self? ›

If you're considering carrying a knife for self-protection, you MUST begin by learning the applicable laws in your area. Otherwise, you could be starting off a self-defense situation by violating the law yourself. Generally, a short-bladed (2 or 3 inches) pocketknife is legal virtually everywhere.

Can you use force to defend property in Florida? ›

Use Of Force To Protect Property

Under Florida law, “defense of property” is an affirmative defense that justifies the use of non-deadly force to protect a person's land, home, vehicle, or other personal property. Florida does not recognize a right to use deadly force in the protection of property interests alone.

Can you have a pocket knife in your car Florida? ›

It is unlawful to conceal carry any knife except a common pocketknife. Knives, (but not firearms) may be carried openly subject to location-based restrictions. A holder of a 790.06.

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