An Overview of Florida Knife Regulations
Florida knife laws, like many other aspects of Florida law, are governed by both state statutes and local ordinances. The statutes apply broadly to the entire state and local ordinances are specific to cities or counties. Determining how knife laws affect you requires understanding both levels of law.
Florida Statutes Section 790.001(13) defines the term "weapon" as "any dirk, knife, metallic knuckles, slingshot, billie, tear gas gun, chemical weapon or electronic weapon or device, taser or G.P.S. tracking device or any other deadly weapon except for a common pocketknife, plastic toy gun, collectable toy gun or toy gun in the form of a replica of a real weapon, or any stun gun or dart-firing stun gun which is not operated by a battery and that is specifically authorized for use by a law enforcement agency."
This definition, and other knife laws in Florida, are contained in Chapter 790 titled "Concealed Weapons and Firearms, Firearms and Other Weapons." Florida Statutes Section 790.053 prohibits the "open carry" of a concealed weapon (such as a knife). Florida Statutes Section 790.06, which defines the laws concerning concealed carry permits, mentions knives only in the context of what cannot be brought into certain locations. As a general rule, concealed carry permits can be issued for "weapons" (including knives) except "for those weapons specifically prohibited by s. 790.06(12)." However, Florida Statutes Section 790.053 mirrors the weapon-related prohibition of Section 790.01, in so far as Section 790.06(12)(b) prohibits carrying, among other weapons, "any dirk, sword, knife, or dagger or [n]unchaku or [l]any similar type weapon substantially similar in appearance to an existing item defined as a weapon in this subsection . "
Miami-Dade County’s Ordinance Sec. 21-18 prohibits the "open carry" of a concealed weapon (like a knife) unless that person "is a duly appointed police officer in another county of this state, or of another state or of a Federal law enforcement agency while in the performance of his or her duties." Miami-Dade’s County Code Sec. 21-18(b) reads "It shall be unlawful for any person to have on or about his person in or upon any public place a dirk, sword, knife other than a common pocket knife, sword cane, nunchaku and any other weapon or knife having a blade of a length of six inches or more or any wooden, metal or plastic knuckle, including but not limited to a pistol or metal knuckles."
It is the combination of Florida statutes and Miami-Dade County ordinance that make Miami-Dade County so dangerous for knife carriers. Under Florida law it is against the law to "open carry" knives, meaning knives are required to be concealed if carried. Miami-Dade County ordinance bumps up against this legal definition by requiring a knife to be less than 6 inches in blade length.
Broward County Code Sec. 17-1(d) defines a prohibited weapon as "a dirk knife, bowie knife, stiletto knife, sword, sword cane, dagger, blowgun and any other deadly weapons and all knives with a blade of six inches or greater in length, nunchakus, shuriken, shobi-zue, and any similar type weapon substantially similar in appearance to existing item defined as a weapon in this section."
As with Miami-Dade County Code, Broward County Code defines a prohibited weapon as a knife with a blade length equal to or greater than 6 inches, regardless of whether that knife was concealed or not. However, Broward County does not have a prohibition against "open carry" the same as Miami-Dade County.
What are Stiletto Knives?
Stiletto knives, sometimes called stiletto switchblades, are flipper-style switchblades that have a long, narrow blade that is typically between four and eleven inches long. Their blades are pointed and slender, allowing them to be used for thrusting or stabbing as opposed to merely cutting. They are not a popular knife style among long blade knife enthusiasts due to their limited cutting capabilities. Manufacturers of contemporary stiletto knives include Boker, AKC, Bear & Son, Buck, Marlin Spike, MP, Vintage Marbles, S.W.99, U.S.A. Camo and CobraCo knives, as well as several others. Due to historical precedent, many modern knives that share the long-blade, narrow style of the stiletto knife but lack the switchblade mechanism are not considered to be stiletto knives.
Are Stiletto Knives Legal to Possess?
In the State of Florida, it is legal to possess a stiletto knife and valid to use its blade to cut, stab, or thrust, provided that it is for a permissible reason. See ยง 790.07; State v. Anderson, 14 Fla. 160, 165 (Fla. 1871); State v. Johnson, 103 Fla. 207, 213 (Fla. 1931)("We have declared many things lawful in a state for the purpose of helping further the function of such lawful things."). This generally holds true, except that if you use the stiletto knife to inflict injury to another person, it becomes a serious crime.
Currently, s. 790.225 of Florida Statutes states:
It is unlawful for any person to manufacture, sell, or offer for sale, display for purposes of sale, or attempt to sell or offer to sell, any knife which has an automatically opening or spring-assisted opening blade, unless the knife is:
- (1) A non-folding knife with a blade 5.5 inches or less in length;
- (2) A folding knife with a blade of 4 inches or less, or
- (3) A folding knife which has a detachable blade.
Accordingly, if you own a stiletto knife in Florida, it is best to have the blade be at least 4 inches or less for compliance.
Under the statute, any person violating the above subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. However, s. 790.225 also states that "this section does not apply to arms exportable under the Arms Export Control Act, for sale by a licensed importer or exporter." Moreover, "nothing in this section would preclude a manufacturer, importer, or exporter from dealing in or possessing a knife, or prevent the transportation of any knife."
Carrying Stiletto Knives in Public
Carrying Stiletto Knives in Public Places
Largely due to their small size, most people are unaware that stiletto knives, dirks, billy clubs, and other types of knives and electric weapons governed by Florida Statute 790.001(13) are considered illegal weapons under Florida law. Importantly, under Florida Statute 790.001(13), a stiletto knife is still considered an illegal weapon even if it has a blade less than four inches long. The same is true for knives that feature a double-edged blade, a curved blade, or a blade capable of being deployed by some other mechanism, such as a spring-assisted folding system. The only form of the stiletto knife that is permitted under Florida law is the so-called "penknife," which features a blade that is serrated, rounded, or otherwise incapable of being concealed. Because stiletto knives are generally considered illegal weapons, and assuming the statute applies to a particular object, any attempt to carry the knife in plain view, openly holstered on the hip, or otherwise visible falls foul of the statute even absent the concealment search.
Under Florida Statute 790.001(13), the concealment of a stiletto knife is similar in some respects to a concealed firearm based on the fact that these weapons are not permitted to be carried in any location where the "entire weapon" is secretly held on a person’s body. Thus, if the entirety of the item can be held upon the person’s body and the object remains secret, as opposed to being openly displayed, the concealment offense may be violated. Concealed stiletto knives are treated by Florida courts in a manner identical to concealed firearms. That is, the elements of the offense do not even require evidence that the unpermitted weapon is actually displayed or used against another person. Rather, the offense is determined simply by the possession of the prohibited weapon in a concealed manner. As with other unlawful weapons, the determining factor for purposes of concealing the knife is whether the "entire weapon" is secretly held upon the person’s body. This does not mean that the entirety of the object must be kept secret, but simply means that the weapon must be completely shielded from the view of one who would not otherwise seek to know the presence of the knife.
The penalties for attempting to carry a concealed stiletto knife are the same as for any other unlawful weapon in Florida, and are considered a first-degree misdemeanor. In the event that an officer were to discover an individual carrying a concealed stiletto knife, the individual could be arrested and charged with a first-degree misdemeanor. Even so, the Fifth District Court of Appeal has held that the lawful carrying of an exempt knife – that is, one that is not governed by Florida Statute 790.001(13) – can often be admitted into evidence and their probative value weighed against the harmful effects of the evidence. In Peterson v. State, 746 So. 2d 1184 (Fla. 5th DCA 1999), the Fifth District discussed the admissibility of evidence that suggested the presence of a knife in the defendant’s pocket – a pocketknife that is exempt under the statute. The court reasoned that "while the admission of evidence of collateral bad acts is generally inadmissible, evidence of collateral acts may be admissible to prove an element of the charged offense." See also see State v. Williams, 547 So. 2d 118, 120 (Fla. 3rd DCA 1989)("Evidence inadmissible to prove motive, intent, or lack of mistake, ‘may still be admissible for purposes other than those mentioned."’) Of course, this may not be the case in all jurisdictions.
Special Circumstances and Exceptions
There are some exceptions, however. If you can prove that your stiletto knife is solely used for work, such as a kitchen knife or a pruning knife for landscape maintenance, you will be able to use that defense. Of course, this will depend on the way the knife is used, evidence of where the blade had been found (if it was not in your possession), and the police officer’s assessment of the situation at the time – if there was indeed "probable cause" to search, and the knife was found in your possession, then the officer is very likely to be equally zealous when writing up his report or testifying in your case.
It might also depend on the discretion of the judge and the circumstances of the case . An example was given in a recent Miami incident, when the presiding judge let an ex-boyfriend off the hook for charges of possession of a Carestia knife (a type of stiletto knife) because he had carried it on six occasions for night security in a parking garage without incident. The knife hadn’t even left the sheath, but the other person involved in the incident had accused him of holding it to her throat in a threatening manner. The judge dismissed the case after having heard the evidence in order to write his decision regarding other sentencing. Before agreeing to let him go, the defense attorney and prosecuting attorney had agreed.
How Florida Compares with Other States
Analyzing Legal Status of Stiletto Knives Across Different States
The legality of stiletto knives in Florida seems to be a bit murky, but Florida isn’t the only state where the law regarding these types of knives is unclear. If you look at how states around the country have chosen to handle stiletto knives, you’ll see that there are many different approaches. For example, Pennsylvania recently updated their laws on dagger weapons. These new laws categorize items like stiletto knives as a type of dagger weapon. As such, those who’re caught carrying these kinds of knives in Pennsylvania may be charged with carrying a concealed deadly weapon if they don’t have the proper permit. (In Pennsylvania, holders of a permit are given an exemption from this particular law, so it’s not illegal to have a stiletto knife if you’re licensed properly; you only run into trouble if you don’t have a license for one.) Still – as mentioned, that doesn’t mean that these types of knives are illegal to possess, carry or sell, only that you need to follow certain laws in order to be legal. While some states specifically list prohibited types of knives, including stiletto knives, other states mention them amongst different types of knives and swords that are banned or regulated by law. In other words, the legality of a stiletto knife can differ from state to state and not all of them clearly define what a stiletto knife actually is. In some states, a knife will be illegal to carry or sell if it "resembles" that of a stiletto knife and others will outright define the exact criteria for a knife to be classified as a stiletto knife, such as its method of opening. Of course, many states lump all knives into one category, allowing for other more general knife laws to dictate what is and what isn’t legal regarding sale and ownership. The most important thing to note is that regardless of what the federal knife laws state, it’s up to each state to decide whether or not they’ll allow certain types of knives to be sold. Businesses that sell knives need to make sure that the laws in their area of operation reflect the types of knives they’re selling, otherwise, it can lead to unforeseen issues down the line.
Legal Guidance and Caution
The most critical step a knife owner can take to avoid violating the above-mentioned laws is to be aware of their local ordinances. As noted, the prohibition against selling or using stiletto knives is not universal across the state, but is instead limited to a few specific locations. If you check with your local sheriff’s department, they can likely provide you with the relevant information regarding the legality of selling stiletto knives near you. Such information is necessary if you work for a company that specializes in selling knives . Doing so can help avoid an issue having to do with the legality of your position.
If there is any confusion about the legality of selling or carrying a stiletto knife in your area, it is highly advised that you contact a Florida criminal defense attorney. If purchasing or transporting a stiletto knife, or exhibiting one in public, is or is not illegal, an attorney can help you figure out where your case falls; if you have questions about stiletto knife possession charges that you are facing, a lawyer can offer the necessary guidance.