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Knives are not concealed weapons in Florida, seriously Login/Join 
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I'm reading the Florida Statutes to find out whether or not my truck knife is an issue when my 16yo son is driving my truck by himself.

Florida Statute Chapter 790, Weapons and Firearms, deals with amazingly enough weapons and firearms. At the very beginning, there is a list of definitions which I would assume apply throughout the chapter. There's two definitions found here: 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.

(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.

Both of these were cut and pasted directly from the statutes at the link. Note that definition 13 clearly says "knife" while definition 3(a) leaves out "knife". By Statute then, a knife is a weapon, but not a concealed weapon; therefore, any subsequent statute under Florida Satutes Chapter 790 referencing "concealed weapons" does not included knives.

Right there in black and white, I looked back each year for eight years and they all say the same thing. I don't know about any court cases claiming anything otherwise, but I would think if there were any, the legislator would just fix the language if they had intended for knives to be included in the definition of a concealed weapon.
 
Posts: 10696 | Location: SWFL | Registered: October 10, 2007Reply With QuoteReport This Post
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Posts: 9341 | Location: On the mountain off the grid | Registered: February 25, 2002Reply With QuoteReport This Post
Wait, what?
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quote:
or other deadly weapon

This language will undoubtedly be substituted for where the word “knife” was omitted if the rubber has to meet the road.




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Posts: 15419 | Location: Martinsburg WV | Registered: April 02, 2011Reply With QuoteReport This Post
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From akti.org:

As it applies to knives, a “dirk,” within the meaning of statute prohibiting carrying a concealed weapon, is any straight knife worn on a person that is capable of inflicting death, except for a “pocketknife.”  State v. Walthour, 876 So.2d 594 (2004).

(This is under the Florida Knife Laws they cite)

There are also some pretty specific definitions of a pocketknife in Florida also.


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————————--Ignorance is a powerful tool if applied at the right time, even, usually, surpassing knowledge(E.J.Potter, A.K.A. The Michigan Madman)
 
Posts: 8022 | Location: Livingston County Michigan USA | Registered: August 11, 2002Reply With QuoteReport This Post
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Wait, are you saying that the legislature wrote a statute with some vague, ambiguous, inconsistent, and possibly contradictory language? Say it ain't so!

in 790.001(13) a weapon is a dirk (a form of knife, even if it isn't perfectly clear what a dirk is) and a knife, unless it is a "common pocketknife" (whatever that is), a plastic knife, or a blunt table knife. They are trying to carve out some exceptions to what a knife is by using some really poor drafting.

And (3)(a) includes only dirks (again whatever those may be) as potential concealed weapons. So any other form of knife cannot be a concealed weapon, unless it is an "other deadly weapon." It does make your head hurt a little.

If a court ever has to construe this language, it will attempt to do so without contradicting the lege, and with an eye to harmonizing the various provisions, if it possible to do so.




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Posts: 53096 | Location: Texas | Registered: February 10, 2004Reply With QuoteReport This Post
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It's only illegal if you get caught.
 
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