Knife Lengths Recognized as Legal in Florida
In the state of Florida, the maximum legal blade length for carrying knives is generally defined by Florida statute. To fully understand this regulation, it is essential that one first differentiates between two types of knives: those defined as "regular knives" and those defined as "dirk knives" or "dagger knives."
The legal definition of regular knives in Florida, which encompasses a wide array of common knives, can be found in Florida Statute 790.001(11). In accordance with this section, a dagger knife is any knife that has two cutting edges and a sharp point, or which has a single cutting edge, a sharp point and is partly rounded or has an indented cutting edge . Though daggers are defined under a separate section of Florida law, namely Section 5(b) of the "Switchblade Knife Control Act of 1980," those definitions are interchangeable for all practical purposes.
A dirk knife in Florida is defined as a "stabbing knife, with a blade length of four inches or longer," Florida Statute 790.001(3), while a dagger knife is defined as a "double-edge knife longer than five inches," Florida Statute 790.001(4). Crucially, the blade length for both dirks and daggers is measured from tip to heel, meaning from the tip of the blade (the cutting edge) to where the blade meets the handle (the spine).
Exemptions and Special Considerations
As with any area of law, exceptions to the general rule can be found sprinkled throughout the statutes. And more exceptions and "special cases" can be found in the case law. The biggest exception that we’ve observed is a pocket knife exception. In 1982, the 5th District Court of Appeal held that a three-inch folding pocket knife was not a prohibited weapon under the then current version of the Florida statute dealing with concealed carry and weapons. The case stands for the proposition that a person must be able to walk around with a knife which is useful as a weapon if that person is going to be charged with carrying a concealed weapon. Again, this is a factual determination, but it is certainly something which can help a person who has been charged with carrying a concealed weapon but feels his Chicago style switchblade possesses no more capacity for danger than my Grandfather’s pocket knife always did.
In 2011, the Florida Supreme Court also ruled that the folding knife exception applied even to folding knives measuring over the eight-inch limit in the second-degree murder of a police officer. See State v. Williams, 962 So. 2d 333 (Fla. 2007).
Carrying Concealed on Your Person
The concealed carry of automatic knives, known as switchblades, is a third degree felony under section 790.001(4)(a). You can carry switchblades openly or concealed if they are non-mechanically assisted, while in your vehicle. Section 790.001(4)(b) provides that "a concealed weapons permit may be issued for automatic knives containing a spring latch or other mechanical device that is released merely by movement of the wrist, any automatic knife with a blade less than four inches long, straight razors, and any type of curved or straight machete."
All knives with a blade length of four inches or more are prohibited from being carried concealed under section 790.01(2). This includes; automatic knives (which would be legal if open), curbed knives, training knives, daggers, dirks, shoemakers knives, gravity knives, butterfly knives and scabbard knives.
Penalties for Violating Knife Laws in Florida
The penalties for violating knife laws can vary based on the location and context. In Florida, the penalties range from a misdemeanour to a felony charge, which is dependent on the type of knife, its size, and how it is being carried.
Illegal possession or carrying a knife will usually result in a second-degree misdemeanor charge, meaning it’s punishable by a fine of up to $500 and/or a jail sentence of no more than 60 days in jail.
However, some types of knives are considered more dangerous and can incur a more severe penalty with a first-degree misdemeanor. As per Florida Statutes: "A person who carries a concealed weapon shall be guilty of a misdemeanor of the first degree, punishable by a term of imprisonment not exceeding 1 year or by a fine not exceeding $1,000, or both." (Florida Statute 790.02)
In the case of a knife that is deemed as "other deadly weapons," they will be considered most likely as a felony of the third degree if they are not being carried as a defensive or offensive weapon , and again, can incur a more serious penalty if the knife is considered to be concealed:
"A person who carries a concealed firearm or electric weapon or device is guilty of a felony of the third degree, punishable by up to 5 years in prison, or by a fine of up to $5,000, or both," (Florida Statute 790.02)
There are some instances when a judge may determine that you deserve a lighter sentence, but more often than not, if you do not have a good defense, it is likely that you will end up facing the maximum sentence for your offense.
It should be noted that while the knife length laws in Florida do exist, they are not always used to prosecute those who might still violate them. Those who have concealed knives that are longer than the permitted length may not face any prosecution at all if they are found carrying the knife.
If you have found yourself on the wrong side of the law, you need to consult with an experienced criminal defense lawyer immediately.
Tips for Knife Owners
You should only buy knives in Florida – and when you do, choose wisely. Knives can be perfectly legal but still prohibited in certain places, and if you have a knife on your person, Florida law enforcement officers may well try to confiscate it from you and charge you with a crime if you are unable to prove that the knife is legal. Having a knife confiscated can be an inconvenience, but being arrested for a knife crime can ruin your life. Knife length laws in Florida are typically enforced by the local police department, not the Florida Highway Patrol. Many law enforcement officers don’t accurately understand Florida knife law, so given the tremendous ambiguities in Florida’s knife laws and the general police attitude toward knives, if you are stopped by police, you should assume that knives prohibited by Florida law are prohibited by Orlando or Miami-Dade County ordinance unless proven otherwise.
If you are stopped by police and have at least one knife in a bag or purse or in the trunk of your car, you should tell the police officer that you have knives in your vehicle. If you don’t tell the police officer and the officer finds a prohibited knife, you could be charged with obstruction of justice under Florida Statute 843.02 in addition to the knife offense. However, you should never volunteer any information about the knife’s intended use or by who the knife was owned or obtained. You should also limit what you say to the police officer to prevent confusion. For example, if your aunt gave you a knife collection as a gift and some of the knives are legal and some are prohibited, you should not tell anyone that you have a collection because officers don’t invariably know the law and will typically assume that officers can carry prohibited knives as part of an antique "collection."
Because knife length laws are interpreted and enforced at a local level, you should first determine if semiautomatic knives, automatic knives and switchblades are prohibited in your county or city. For example, in Orange County, Florida, the ordinance prohibits only switchblade knives that are partially or fully automatic and prohibits knives that "open with a blade length in excess of 20 inches or one-half length of the open and unsharpened blade, whichever is greater…" In Miami-Dade County, the ordinance prohibits "ballistic knives," "dirks , daggers and poniards having a blade length in excess of 4 inches as measured from the hilt to the midpoint of the blade; folding knives having a blade length in excess of 4 inches as measured from the hilt to the midpoint of the blade when opened; or switchblade knives…" Miami-Dade County defines "ballistic knives" as "any knife having a detachable blade, and contains a spring-operated mechanism which launches the blade from the handle by hand pressure on a lever or similar device," but it doesn’t specify a blade length or limit the prohibition of knives to spring-assisted and automatic knives. Miami-Dade County law enforcement officers have seized and apparently kept knives that were not prohibited by Florida statute and Miami-Dade ordinance. The ambiguity and inconsistency in the enforcement of Miami-Dade law may leave you "playing the odds" if your knife collection may not actually be legal, but unless you become aware that Miami-Dade paperweights ("spirit knives" and "pagan gathering knives") are seized and destroyed by Miami-Dade government officials without warning, complaint, public record request or agreement by the owner, the responsibility for the destruction of the knives is yours.
Determining whether a knife is prohibited by other Florida law is trickier (and more time consuming) than securing a lawyer to provide you with a primer on the breadth and depth of knife length laws in Florida. Finding the right knives for you is also complicated by the fact that several of the different types of legally acceptable knives look very similar to each other, so you should consult with knife experts or look over knife catalogs, knife enthusiast internet sites, blogs, forums and YoutTube to ensure that you purchase knives generally allowed by law. As knife manufacturers continue to invent new knives and develop new mechanisms to open and close knives, the law will likely change and broaden its prohibitions. You should own guns and knives by going to gun shows, knife shows, gun ranges, Internet auction sites and other hobbyist events. You should inform yourself about the laws where you own and carry knives. If you live in Florida, you possess or carry knives and do not notify the police that you have knives in your vehicle, and do not follow a knife enthusiast blog for Florida knife enthusiasts, you probably need a lawyer.