![]() ![]() Sale = The legality of merchants and private citizens offering switchblades for sale or selling them.Private Ownership = Refers to the legality of merely owning a switchblade kept exclusively in the home. ![]() In states where unlawful intent must be proven (and is not simply presumed) for the knife to be illegal, this chart counts this as "legal." Legend: These laws are for non-law enforcement citizens, as nearly all laws contain some sort of exemption for police. This chart covers both overall federal law and each state law. The Firearm Firm is a statewide Second Amendment and Self-Defense law firm.The following is a comprehensive compilation of the laws on switchblades (also called automatics) in the United States. There, you can search our knowledge base, or leave a question for us to answer. If you have any firearm related questions, visit our websit e. Further, our primary goal is to keep gun owners legal. The Expert Firearm Attorneys at The Firearm Firm are here to help. Local governments can impose laws regarding all weapons with the exclusion of firearms, which are more restrictive than state law. Preemption Does Not Apply!Īlthough the Florida Legislature made it clear that the State of Florida intended to occupy the entire area of gun law, the legislature did not do this for other weapons. It must be noted that common pocketknife is still ILLEGAL in any sterile area of an airport. Under Federal Law, a common pocketknife is considered to have a blade less than two and one-half inches. ![]() However, in different districts, there could be different case law, so be cautious. A similar decision was reached in Porter v. 1st DCA 1999), the court held that whether a folding knife with a blade of approximately four inches when carried locked in the open position was a question for the jury to decide and was not per se a common pocket knife. Some case law has suggested that the manner in which the knife is carried can be an important factor. 1997), the Florida Supreme Court held that a folding knife with a 3¾ inch blade and an approximate overall length of 8½ inches was a “common pocket knife” and was, therefore, not a weapon. However, the statute does not define the parameters of a “common pocket knife”. 4th DCA 2011.))įlorida Statute §790.001(13) exempts from the definition of “weapon” the “common pocket knife”. Under Florida law, if a folding knife has a blade of four inches or less, it is considered a common pocketknife and not a weapon. Still, you cannot possess these weapons at restricted locations.įor knives, a common pocketknife is not a weapon unless it is used as a deadly weapon, therefore, a CWFL is not required to carry a common pocketknife concealed. There is no requirement to have a CWFL to carry, openly or concealed, a nonlethal electric weapon or device, including a non-lethal stun gun and tasers (dart firing stun guns). Pursuant to Florida Statute § 790.001(14), “Electric weapon or device” means any device which, through the application or use of electrical current, is designed, redesigned, used, or intended to be used for offensive or defensive purposes, the destruction of life, or the infliction of injury. If your chemical spray (pepper spray) is under two ounces, under Florida law, one can openly or concealed carry for lawful self defense purposes.ĮLECTRIC WEAPON OR DEVICE IS COVERED UNDER FLORIDA’S CWFL Under Florida Statute § 790.001(3)(b), “Tear gas gun” or “chemical weapon or device” means any weapon of such nature, except a device known as a “self-defense chemical spray.” “Self-defense chemical spray” means a device carried solely for purposes of lawful self-defense that is compact in size, designed to be carried on or about the person, and contains not more than two ounces of chemical. CHEMICAL SPRAY IS COVERED UNDER FLORIDA’S CWFL Under Florida Statute § 790.001(13), “Weapon” means any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife. Pursuant to Florida Statute § 790.001 (3)(a), “Concealed weapon” means any dirk, metallic knuckles, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person. Pursuant to Florida Statute § 790.06(1), with a CWFL, one may carry concealed a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in § 790.001(9). So, what weapons are covered under Florida’s CWFL? A Florida Concealed Weapons and Firearms License (CWFL) covers more than just firearms. ![]()
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