Florida Laws on Knives You Should Know About

The Basics of Knife Laws in Florida

Florida does not have a specific legal term for what a knife actually is. Florida courts will describe any bladed instrument, no matter the length, as a "knife." So essentially, a knife can be any bladed instrument regardless of length, design, or weight.
The laws regarding knives in Florida differ based on where you are carrying it:
The laws that apply to knives are located in Chapter 790 of the Florida Statutes. Within this chapter, they need to first differentiate between when it is illegal to own, to carry openly, or to carry concealed. The general statutes regarding knives and blades can be found in the following,

• 01 Carrying concealed weapons.
• 03 Carrying concealed firearms, electric weapons or devices, destructive devices, or other weapons.
• 04 Carrying concealed weapons; license required; penalty.
• 06 Licenses to carry concealed weapons or electric devices; mandatory terms; renewal; revocation.
• 07 Firing weapons on school property; penalties.
• 085 Possession of firearm or electric weapon or device at a school-sponsored event or on school property prohibited; penalties; exceptions.
• 10 Employing, or threatening to employ, force or violence.
• 12 Pepper spray; self-defense.
• 131 Use of Non-Lethal Energy Projectiles; exemptions.
• 151 Deadly Weapons; prohibition on concealed carrying; exceptions.
• 155 Sales of knives or other deadly weapons by certain vending machines; penalty.
• 20 Manufacturing or transferring firearms; selling weapons, concealed weapons, concealed firearms or ammunition, or selling articles that could be easily made into weapons , or weapons components; penalty.
• 221 Improvised explosive device; penalty.
• 222 Jet bombs; unlawful acts; penalties.
• 23 Improper exhibition of dangerous weapons, firearms, etc.; penalty and jurisdiction; offense defined.
• 235 Possession of firearms by convicted felons while on school property.
• 241 Concealed Weapons or Firearms; person authorized to carry concealed; penalty.
• 25 Lawful Use of Force.
• 53 Yards, etc., of public lands prohibited for use for firearms, electric weapons or devices, or destructive devices.
• 61 Offenses involving the use of a firearm or weapon; in-state classification.
• 62 Use of a firearm while under the influence of alcoholic beverages, chemical substances, or marijuana.
• 064 Sale or transfer of firearm when laws violated.
• 065 Purchase and transfer of firearms; mandatory waiting period; exceptions; eligibility; delay or denial of purchase.
• 066 Purchase and transfer of firearms at gun shows; exceptions; penalties.
• 071 Possession of short-barreled guns.
• 072 Purchase, sale, or delivery of machine guns or sawed-off rifles prohibited; exceptions; penalties.
• 08 No person shall publicly display any dangerous weapon or firearm in a grossly negligent manner.
• 13 State uniform fire safety standards in the construction and alteration of certain residential property types.

And finally, we have to take into account the preemption, which is laid out in Section 790.33 – "Persons who are injured by any action contrary to the provisions of s. 790.33 may sue in circuit court….the court shall award restitution to the person injured or to the appropriate governmental entity for all damages so recovered, as well as costs and reasonable attorney’s fees."

Types of Knives and What you can Legally Carry

Florida law encompasses a broad category of knives, which can be classified into several different groups. Violation of any of the laws that apply to these different categories can result in criminal charges, so it is important to understand the full extent of the laws.
Dirks – a dirk is a double-edged knife, similar to a dagger, that is designed for stabbing. There are no restrictions on the blade length of a dirk, but the knife must not be produced solely for the purpose of stabbing.
Dagger – this type of knife has two sharpened edges and is pointed at both ends. A dagger is typically the same shape as a dirk, but smaller in size, similar to a stiletto.
Kinfe – the legal definition of "knife" in Florida is a "dirk, dagger, or poniard" that has a blade of any type or size.
Stiletto – refers to a narrow blade that is held in place by a hilt.
Switchblade – defined as any knife that has a blade that:
A switchblade knife is illegal in Florida, according to F.S. 790.10.
Another type of blade that is prohibited in Florida is the cane sword, defined in F.S. 790.225 as persisting of "a sword, cane sword, cane knife, cane gun, or stiletto concealed in or as a part of a cane, umbrella, briefcase, brief bag, backpack, fanny pack, laptop computer, or any other moving object."
Florida law also prohibits "dirks, daggers, knives, razor blades, or ice picks" that are "thrown from the hand," according to F.S. 790.01.
Switchblades, cane swords and dirk-type knives are also outlawed in most other states, as well.

Concealed Carry or Open Carry

Section 2: Concealed Vs. Open Carry
When it comes to knives, there are two primary types of carry methods: concealed carry and open carry. Each type has different rules and regulations in Florida. Specifically, open carry is not allowed in Florida unless you have a specific exception. In this section, we will cover the difference between the two and why it is important to know the difference when deciding whether or not to carry a knife in public.
In general, carrying an openly sheathed knife in Florida is permitted, provided that the blade is less than four inches in length. However, Florida knife laws regarding carrying knives are particularly complicated. The key distinction to make when reading the knife laws below is where the person is located. That is, there are certain instances in which "openly" sheathing a knife is permitted in Florida and certain instances where it is not. For example, only a person with a concealed carry license may carry any type of knife concealed on their person — if they do not live in a county where knives are prohibited. Florida knife laws place no prohibition in particular on openly carrying knives, except in certain areas that are marked with posted signs prohibiting knives and of course in places where the concealed carry license holder is destined.
Carrying a knife "concealed" on one’s person requires a concealed carry license in Florida. While most gun owners know this, many Florida knife owners might not know that they need a concealed carry license to carry a knife concealed on their person. As a result, this section will examine Florida knife laws related to carrying knives concealed on one’s person.
In general, carrying a knife concealed from the sight of another person does not require a permit or license under Florida knife laws. However, the gun laws in Florida are more strict than knife laws in Florida. To carry a firearm concealed on your person in Florida, you need to apply for and receive a concealed carry license. In addition, knives may be "openly" carried on one’s person. Consequently, knives may be more leniently regulated than guns.

Exemptions and Special Cases

There are a few exemptions for law enforcement personnel and other special circumstances. An exception promulgated by Florida’s Department of Agriculture and Consumer Services permits the use of swords for ceremonial purposes on certain state property. If you think this means you can carry a katana to work, think again. Section 5J-17.02(2) of the Florida Administrative Code specifies that swords can be used "by an individual conducting a presentation or demonstration, such as a martial arts or historical re-enactment…." (emphasis added). Moreover, the exemption applies only to specified locations, which generally do not include schools and public highways, and requires a permit from the Department.
In addition, licensed security officers may carry a "non-lethal electric weapon" when necessary to perform official duties. § 768.28(16), Fla. Stats. As defined by § 943.13, Fla. Stats., an individual’s "primary duty" as a licensed security officer must be either (1) "protection of life or property from destructive acts, vandalism, or strikers or pickets"; or (2) "prevention or detection of theft, vandalism, fire, destruction, or trespass on real property."
Because Florida’s knife statute is a "catchall" provision, which means that it applies to more than just knives but to "blades, dirks, daggers, switchblades, knives, o knives, razors, or stiletto" and other such items, you may run into situations where you are justifiably wielding a knife that is legal, only to find yourself on the bad end of an unenforceable ordinance. So, exercise due diligence before you bring any item into a school, amusement park, courthouse, or even certain theme park attractions.

Penalties for Knife Offenses

If found in violation of the laws regarding knives, Florida statutes prescribe a number of potential penalties and sanctions. In Florida, criminal violations are generally classified as misdemeanors or felonies. Importantly, the level of criminal charge, i.e. whether the violation is a misdemeanor or felony, and the degree of felony (if applicable), determines the potential penalties and sanctions. There are five classes of felonies and two classes of misdemeanors under Florida law, which can be summarized as follows: Felonies Misdemeanors Misdemeanors come with less severe penalties than felonies, and carry maximum potential sentences of incarceration ranging from 60 days to one year , depending on the severity of the offense. As noted above, the classification of the criminal violation plays a pivotal role in determining the potential penalties and sanctions. For example, the criminal charge for carrying a concealed dirk or dagger is a second-degree misdemeanor, which carries a potential maximum jail sentence of 60 days. Conversely, the criminal charge for carrying an unconcealed dirk or dagger is a first-degree felony, which carries a maximum potential prison sentence of 30 years. The only reason these two offenses are differently classified is because the charging statute defines them differently; and Florida has different penalties depending on the classification of the crime.

Helpful Tips for Knife Owners in Florida

Most important, knife owners should be aware that to be found guilty of being a felon in possession of a knife in Florida State Courts, the possession must be for an unlawful purpose. Having a knife in your home is not unlawful. Possession of knives in your home generally cannot lead to criminal prosecutions for other areas of law (like criminal trespassing). Even possessing large knives or swords could be lawful if they are not found to be an illegal weapon (like switchblades, butterfly knives, cane swords, stiletto’s, etc.).
To verify whether a knife fits into one of the exceptions or is otherwise disallowed by Florida law, you can look at the Florida Statutes for switchblades (FSS 790.001(13)), butterfly knives (FSS 790.01(2)), billies, truncheons, night sticks, or metal knuckles (FSS 790.001(8)), certain concealed weapons (FSS 790.02), and others.
Another broad-practical piece of advice for knife owners is: Do not display your knife to anyone who asks to see it. In the event this section should actually be labeled as "Practical Tips for Knife Owners who Own a Sword" then the advice would change to: "Always maintain a sheath around your sword if opened in any public setting". For whatever reason, Floridians seem more likely to receive criminal charge when they maintain a sword with no sheath. The best advice is to maintain sheathes for swords when in public, even if you’re just taking it inside your home. We do not know why this is but our office has represented several clients whom faced criminal charges over a sword being "improperly maintained" by unshackling its sheath.
Knife owners should be careful in what their knives resemble. Knives in the shape of a gun could be considered illegal guns or a threat against law enforcement officers. Switchblades that are not performed to function in standard mode could be considered illegal switchblades. If a knife has a switch function that is always "On" or malfunctioning then it could be considered a switchblade. The best advice is to make sure that the functionality of the knife conforms to its appearance.

Recent Developments and Case Law

The one major change in the knife laws in Florida in the last few years is the passage of SB 908, which specifically drops switchblades and automatic knives from the definition of "any other type of knife that has a blade 4 inches or longer" and leaves only the word "dirk" on the list. This new change actually permits the open carrying of "dirks" as long as it is not concealed.
There are two notable court cases related to knife laws in Florida. The first is State v. Jackson, decided in 1994. This case gets into a whole range of legalese and discussion about how knives can be carried in Florida, but the long and short of it is that in this case the Florida Supreme Court explains the difference between "dirks" and daggers as follows: A "knife" has been defined by this Court to be a weapon with a blade which may be easily concealed on the person. A "dirk" or "dagger" is defined by statute to be a knife having a pointed stiffer blade and a hand guard preventing thrusting of the hand up the blade, and may likewise be easily concealed on the person. The crucial difference between a "knife" and a "dirk" or "dagger" as defined by this Court is that the blade of the "dirk" or "dagger" is designed to be sharp on both edges so as to allow for penetration of the body by cuts as well as stab wounds. In sum, the Court has determined that the terms "dirk" and "dagger" where used in chapter 790, Florida Statutes, mean a knife which has a blade that is sharpened only on one side for penetrations (stabs) and not for cuts or slicing. (Emphasis.)
The State of Florida did not endorse the State v. Jackson holding regarding Florida knife laws. This case was brought involving a special exception to local ordinance to allow the carrying of a dagger for weapon protection. Nevertheless, the Jackson court also argues the issue of dirk and daggers in some ways no different than below as to a sling shot or handgun used for protection. I think the key here though is that Jackson does not define the dirk or dagger, and in fact uses a Supreme Court of Florida definition of "dagger." If you have ever seen a "dirk" (eighteen or more inches) or "dagger" (short forty inches or more) then the lockabar knife will appear more like a dagger if longer and with a narrow blade.
The second significant case on this issue is the State v . Cavallo case that deals with knives in general in the State of Florida. Here the defendant had possessed a knife with a six and one half inch blade. The Sixth District Court of Appeals of Florida explained in the practical sense the nuances of knife laws in Florida in detail in that State v. Cavallo decision. The discussion begins with the Florida knife laws not defining a "dirk", dagger, sword, bayonet, and the Brown v. State, 743 So.2d 514, 516 (Fla. 4th DCA 1999, (which involved an incident that took place prior to the introduction of Section 790.01(2) in 2005 – see above.) The defendant, Mr. Cavallo, originally appealed based on a knife that was not described and had a blade with a length between six and seven inches. At trial, the locked wrist knife was worn as a belt buckle and this was later determined to be only held as evidence against the defendant. At sentencing, the judge had determined that a knife that was three inches or long, even if carried with intent only to use it in self-defense, could constitute possession of a deadly weapon. The Court went onto find that this knife could not be considered a dirk or dagger. The Court explained that the defendant in his pleadings did not argue the dismissal of the charges. The trial court’s order suggests that the six and one half inch blade would require the possession of the weapon to be with the intent of use for offensive or threatening purposes; which generally is "illegal under Florida laws". This matter is a long discussion that also includes references to weapons as defined under 790.001(1) in Florida, however, it appears that in the end the Court is saying that regardless of intent one in Florida cannot merely possess a large knife, unless one makes the argument that it may be used for more than the intent of fighting, such as the posit of using it as a tool to cut a rope.
What you can see from both of these knife law cases above is a struggle over the interpretation of the usage of knives in Florida, based solely on the intent or use, per se. The Courts’ current position would appear to allow possession of most knives at least openly carried. Be cautious with those larger types, but ultimately here you can see an absolute difference between the size of a potential hunting knife that is clearly defined as a "weapon", while the pocket knife carries a bit more freedom.