Hi Bram,
What are the laws for carrying a knife in the state of Fla.? I've
heard conflicting stories lately. I've tried to look it up but see no direct
reference in the statutes for blade length and also I see no direct
reference to clipped to the pocket vs. in the pocket.
However I heard a law enforcement story recently that said a cop
threatened to arrest someone because the clipped blade was inside his pocket
and technically he could arrest them on a concealed weapons charge. ????
I carry my blade usually down in my pocket but recently started carrying it
clipped to the pocket for this reason.
1) Is there a blade length limit?
2) Is a folding knife down in the pocket, not clipped to the
pocket externally considered a concealed weapon?
Thanks,
Frank Ehnle
AHF
Frank:
unfortunately any officer can arrest ANYONE for anything whether
or not it is legal, valid or lawful.
An officers job is to enforce the law they think they know it or see it, an
attorney argues the law / intent of the law and ONLY a judge may interpret the
law..
So if an officer wanted to arrest you for carrying your pocket knife he / she
could: of course they will pay for that stupidity in court. Contrary to
popular belief Police DO NOT know the laws..nor interpret them correctly if
they do. So if you are arrested for carrying a concealed weapon when all you
are doing is carrying an edged tool common pocket knife, well it might cost
you money which you will win back in court.
It is your Second Amendment right to possess and carry knives...
Second
Amendment: it doesn’t just mean firearms
The mention of the second Amendment immediately brings to mind in many of
those that have no idea of what our constitution really means or grants us in
rights is the image of an NRA member toting the biggest firearm he / she can
carry. Mention the second amendment and people brace themselves for an in your
face discussion over the highly charged issue of personal firearm use,
possession and carry. Somehow in the quest to protect the most obvious of our
rights, the second most important amendment in the Constitution: Firearms and
the right to bear and use these arms to protect ourselves, our loved ones and
our country has over ridden every other facet or interpretation or
representation of this amendment.
A well regulated Militia being necessary to the security of a
free State
, the right of the people to keep and bear Arms shall not be infringed.
No where in this statement of our most cherished document does it say this
refers ONLY to firearms. It says very clearly that to
maintain the security of a
free state
, our freedom and our country and our way of life, that the right of the
people, that is the right of each person to keep and bear arms shall not be
infringed. Arms: that’s an important word and must be viewed
in context of what the founders themselves would have meant, carried and used
themselves and since the Constitution is an alive document recognizing that
arms change was ambiguous enough to allow modern arms or variations of those
arms to be included in that protection. Knives were in that documents meaning
for all of our founders carried and used knives. Firearms are just an easier
arm to try to control because of their place in our society and history.
Firearms very nature bring them to the forefront of any discussion: tyrants
hate them, control freaks hate them, free people cherish and need them. Knives
get lost in the shadows. But knives are there. They are arms / tools
used by many and carried by all of our framing fathers. Knives were and are
still our best friends and our first tools. Without knives we would have no
modern society or civilization as we know it.
Laws
that forbid the carrying of arms...
disarm only those who are neither inclined
nor determined to commit crimes... Such laws make
things worse for the assaulted and better for the
assailants; they serve rather to encourage than to
prevent homicides, for an unarmed man may be
attacked with greater confidence than an armed man.
Thomas Jefferson
Ok....
back to FLORIDA:
mitigating factor #1: pocket knives are designed to
be carried in the pockets and are exempt from the concealed carry law, no
permit necessary and its designed to be carried in your pocket
mitigating factor #2: a pocket knife is
4" or less and a common pocket knife is 3" or less, so your
inside the pocket carry is LEGAL if it meets either of these definitions, pocket
knives are designed to be carried inside your pocket, and it is the LEGAL
exception to concealed carry
The statutes directly say this and legal opinion carries further
the weight of these statutes. Nothing OVER 4 inches is legal pocket carry.
mitigating factor #3: in Florida you may posses a
dirk or dagger in your home, you may not carry it in your pocket or on your
person EVEN if it meets mitigating factor #2
mitigating factor #4: a pocket clip is a way to
safely carry your pocket knife INSIDE your pocket and there is NO LAW , no
regulation about using a pocket clip....nor any law or regulation that makes
your pocket knife legal carry if you USE the clip whereas carrying a pocket
knife in your pocket is illegal..and there is no law or idiot regulation that
says you must clip it to the OUTSIDE of your pocket which is a very UNSAFE way
to carry a pocket knife.
pocket knives are designed to be carried inside your pocket, and
it is the LEGAL exception to concealed carry
So no worries..all of my knives are LEGAL carry, NONE are assisted openers..
I just earned my Doctorate in Martial arts and Blades from the University of
Bridgeport: the ONLY 4 year accredited program from a Major University or
College on the USA and Canada..
and I am a legal Expert in Knives / knife use in the State of FL.( I have
just written legal opinions for court cases for the State of Florida and
the State of Washington: both CSI murder cases..)
Of course that's all part n parcel of my current and past training
programs: liability and legality of carry.
be safe
Bram